senate Bill S5792B

2013-2014 Legislative Session

Relates to the number of hours employees may work in the hospitality industry

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 19, 2014 referred to labor
delivered to assembly
passed senate
Mar 03, 2014 amended on third reading (t) 5792b
Feb 03, 2014 advanced to third reading
Jan 28, 2014 2nd report cal.
Jan 27, 2014 1st report cal.57
Jan 08, 2014 referred to labor
Jun 18, 2013 print number 5792a
amend (t) and recommit to labor
Jun 14, 2013 referred to labor

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5792 - Details

See Assembly Version of this Bill:
A8016B
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §196-e, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A8016

S5792 - Summary

Relates to the number of hours employees may work in the hospitality industry.

S5792 - Sponsor Memo

S5792 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5792

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law,  in  relation  to  the  number  of  hours
  employees may work in certain retail and service establishments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new section  196-e  to
read as follows:
  S  196-E.  WORKWEEK HOURS IN CERTAIN RETAIL OR SERVICE ESTABLISHMENTS.
NO EMPLOYER SHALL BE DEEMED TO HAVE VIOLATED ANY  STATUTE,  RULE,  REGU-
LATION  OR ORDER BY EMPLOYING ANY EMPLOYEE OF A RETAIL OR SERVICE ESTAB-
LISHMENT FOR A WORKWEEK IN EXCESS OF THE APPLICABLE  WORKWEEK  SPECIFIED
THEREIN IF:
  (A)  THE  REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF ONE AND
ONE-HALF TIMES THE MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND
  (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION  FOR  A  REPRESENTATIVE
PERIOD,  WHICH  SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMMISSIONS
ON GOODS OR SERVICES. IN  DETERMINING  THE  PROPORTION  OF  COMPENSATION
REPRESENTING COMMISSIONS, ALL EARNINGS RESULTING FROM THE APPLICATION OF
A  BONA  FIDE  COMMISSION  RATE  SHALL BE DEEMED COMMISSIONS ON GOODS OR
SERVICES WITHOUT REGARD TO WHETHER THE COMPUTED COMMISSIONS  EXCEED  THE
DRAW OR GUARANTEE.
  S  2.  This act shall take effect immediately, provided, however, that
this act shall be deemed to have been in  full  force  and  effect  with
respect  to  any  employers  who  paid overtime pursuant to a collective
bargaining agreement in existence prior to the date on  which  this  act
shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11508-02-3

S5792A - Details

See Assembly Version of this Bill:
A8016B
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §196-e, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A8016

S5792A - Summary

Relates to the number of hours employees may work in the hospitality industry.

S5792A - Sponsor Memo

S5792A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5792--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  labor  law,  in relation to the number of hours
  employees may work in certain hospitality establishments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 196-e to
read as follows:
  S 196-E. WORKWEEK HOURS  IN  CERTAIN  HOSPITALITY  ESTABLISHMENTS.  NO
EMPLOYER  SHALL BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE, REGULATION
OR ORDER BY EMPLOYING ANY EMPLOYEE OF A HOSPITALITY ESTABLISHMENT FOR  A
WORKWEEK IN EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF:
  (A)  THE  REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF ONE AND
ONE-HALF TIMES THE MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND
  (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION  FOR  A  REPRESENTATIVE
PERIOD,  WHICH  SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMMISSIONS
ON GOODS OR SERVICES. IN  DETERMINING  THE  PROPORTION  OF  COMPENSATION
REPRESENTING COMMISSIONS, ALL EARNINGS RESULTING FROM THE APPLICATION OF
A  BONA  FIDE  COMMISSION  RATE  SHALL BE DEEMED COMMISSIONS ON GOODS OR
SERVICES WITHOUT REGARD TO WHETHER THE COMPUTED COMMISSIONS  EXCEED  THE
DRAW OR GUARANTEE.
  S  2.  This act shall take effect immediately, provided, however, that
this act shall be deemed to have been in  full  force  and  effect  with
respect to any employer who paid overtime prior to the effective date of
this act.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11508-05-3

Co-Sponsors

S5792B (ACTIVE) - Details

See Assembly Version of this Bill:
A8016B
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add §196-e, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A8016

S5792B (ACTIVE) - Summary

Relates to the number of hours employees may work in the hospitality industry.

S5792B (ACTIVE) - Sponsor Memo

S5792B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5792--B
    Cal. No. 57

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Labor in accord-
  ance with Senate Rule 6,  sec.  8  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend  the  labor  law,  in relation to the number of hours
  employees may work in the hospitality industry

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 196-e to
read as follows:
  S 196-E. WORKWEEK HOURS IN THE HOSPITALITY INDUSTRY. NO EMPLOYER SHALL
BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE,  REGULATION  OR  ORDER  BY
EMPLOYING  ANY  EMPLOYEE  IN  THE HOSPITALITY INDUSTRY FOR A WORKWEEK IN
EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF:
  (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF TWICE THE
STATUTORY MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND
  (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION  FOR  A  REPRESENTATIVE
PERIOD,  WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMPENSATION
FROM SERVICE CHARGES, MANDATORY GRATUITY ON GOODS OR SERVICES.
  S 2. This act shall take effect immediately, provided,  however,  that
this  act  shall  be  deemed  to have been in full force and effect with
respect to any employee in the hospitality industry who received compen-
sation consistent with section 196-e of  the  labor  law,  as  added  by
section one of this act, prior to the effective date of this act.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11508-07-4

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