senate Bill S65

2013-2014 Legislative Session

Requires employers of motor carriers to provide overtime pay to their employees

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to labor
Jan 09, 2013 referred to labor

S65 - Bill Details

See Assembly Version of this Bill:
A3813
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add ยง160-a, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S672
2009-2010: S3397A

S65 - Bill Texts

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Requires employers of motor carriers to provide overtime pay to their employees.

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BILL NUMBER:S65

TITLE OF BILL:
An act
to amend the labor law, in relation to overtime pay for employees of
motor carriers

PURPOSE:
This bill will allow motor car drivers doing business in New York
state to collect an overtime rate of one and one-half times the
worker's hourly wage for every hour worked in excess of forty hours
per week.

SUMMARY OF PROVISIONS:
The bill would add a new provision 160-a to the Labor Law to require
motor carriers to pay their employees one and a half times their
regular hourly wage for hours worked beyond 40 hours in any week.

EXISTING LAW:
The federal Fair Labor Standards Act 29 USC sec. 213(b)(1) exempts
motor carriers from the requirement to pay workers one and a
half-time their hourly rate when they work more than 40 hours a week.

JUSTIFICATION:
Motor carriers include armored car companies and other private or
contract carriers that haul property or passengers on public highways
in interstate or foreign commerce. Employees of such carriers often
work long and difficult hours under stressful conditions. Armored car
personnel, for example, frequently work fifty to sixty hours per week
transporting thousands of dollars throughout New York state and
nearby states while under constant surveillance and often confined to
their vehicles. Motor carrier employees work under conditions that
are regularly challenging and dangerous. Currently there are several
armored car companies that voluntarily pay overtime after forty hours
in New York. Some pay after fifty hours. This legislation would
entitle all such workers to overtime pay.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.672
2010: Referred to Labor (Onorato)
2008: Similar bill S.7146/A.9992 Referred to Labor

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   65

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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 overtime pay for employees
  of motor carriers

  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 160-a to
read as follows:
  S 160-A. HOURS OF LABOR OF EMPLOYEES OF MOTOR  CARRIERS.  EVERY  MOTOR
CARRIER SHALL PAY TO ALL EMPLOYEES FOR WHOM THE U.S. SECRETARY OF TRANS-
PORTATION  MAY PRESCRIBE MAXIMUM HOURS OF WORK FOR THE SAFE OPERATION OF
VEHICLES, PURSUANT TO SECTION 31502(B) OF THE FEDERAL MOTOR CARRIER ACT,
49 U.S.C. S.31502(B), AN OVERTIME RATE NOT LESS THAN  ONE  AND  ONE-HALF
TIMES  THE  WORKER'S HOURLY WAGE, FOR EACH HOUR IN EXCESS OF FORTY HOURS
WORKED IN ANY WEEK, NOTWITHSTANDING  THE  EXEMPTION  OF  SUCH  EMPLOYEES
PURSUANT TO THE FEDERAL FAIR LABOR STANDARDS ACT 29 U.S.C. 213(B)(1).
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01086-01-3

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