NY State Senate Bill S7940

senate Bill S7940

2013-2014 Legislative Session

Relates to providing more predictable and stable schedules for employees in low-wage occupations

Archive: Last Bill Status - In Senate 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
Sep 26, 2014	referred to rules

Co-Sponsors

S7940 - Details

See Assembly Version of this Bill:: A10191
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L

S7940 - Summary

Relates to providing more predictable and stable schedules for employees in low-wage occupations.

S7940 - Sponsor Memo

BILL NUMBER:S7940

TITLE OF BILL:  An act to amend the labor law, in relation to
providing more predictable and stable schedules for employees in
low-wage occupations

PURPOSE:

To provide employees in low-wage occupations with predictable and
stable schedules that support workplace flexibility.

SUMMARY OF PROVISIONS:

Section I of the bill amends Section 652 of the Labor Law by adding a
new subdivision (7) which provides that an employer shall pay an
employee for at least 4 hours at the basic minimum hourly wage for
each day an employee reports for work as instructed but is given less
than four hours of work. New subsection (7) also provides that an
employer shall pay an employee for at least 4 hours at the basic
minimum hourly wage for each day an employee is instructed to contact
their employer, or wait to be contacted by their employer, less than
24 hours in advance of the start of a potential work shift to
determine whether the employee must report to work for such shift.

Section II provides a modification of part 142-2.3 of title 12 of the
New York State codes, rules and regulation pursuant to subdivision (7)

of such section that shall become effective sixty days after enactment
into law.

Section III provides protections in the event any provision of this
application thereof to any person, employer, occupation or
circumstance is held invalid.

Section IV sets forth the effective date.

JUSTIFICATION:

With the recent reports of low-income employees struggling to maintain
a living wage as they balance their work and personal lives, now more
than ever is the time to implement policies that support workplace
stability and flexibility. Low-income employees, specifically those in
the retail industry, have continually faced challenges in the
workplace that end up taking a toll on their personal lives.

A report released by the Retail Action Project explores the impact
unpredictable work schedules have on workers' lives. Some workers have
described their frustrations of reporting to work as instructed and
then being sent home early, and not receiving any pay for the time
they initially made available. Others describe situations in which
their jobs are compromised because of unpredictable scheduling
practices by employers that interfere with school schedules, child
care availability, or even a second job.

Regardless of the situation, employees deserve protections that will
allow them to maintain balance. This legislation would provide the
necessary changes low-income employees need to build sustainable
careers.


LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred and twentieth day after
it shall have become law.

S7940 - Bill Text download pdf

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

                                  7940

                            I N  S E N A T E

                           September 26, 2014
                               ___________

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

AN ACT to amend the labor law, in relation to providing more predictable
  and stable schedules for employees in low-wage occupations

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

  Section  1.  Section  652 of the labor law is amended by  adding a new
subdivision 7 to read as follows:
  7. AN EMPLOYER SHALL PAY AN EMPLOYEE:
  (A) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
DAY  ON  WHICH THE EMPLOYEE REPORTS FOR WORK UNDER SPECIFIC INSTRUCTIONS
BUT IS GIVEN LESS THAN FOUR HOURS OF WORK, EXCEPT THAT IF THE EMPLOYEE'S
REGULARLY SCHEDULED SHIFT IS LESS THAN FOUR HOURS, SUCH  EMPLOYEE  SHALL
BE  PAID  FOR  THE  EMPLOYEE'S REGULARLY SCHEDULED HOURS FOR THAT DAY IF
GIVEN LESS THAN THE REGULARLY SCHEDULED HOURS OF WORK; AND
  (B) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
DAY  THE  EMPLOYEE IS GIVEN SPECIFIC INSTRUCTIONS TO CONTACT THE EMPLOY-
EE'S EMPLOYER, OR WAIT TO BE CONTACTED BY THE EMPLOYER, LESS THAN  TWEN-
TY-FOUR  HOURS  IN  ADVANCE  OF THE START OF THE POTENTIAL WORK SHIFT TO
DETERMINE WHETHER THE EMPLOYEE MUST REPORT TO WORK FOR SUCH SHIFT.
  S 2. Notwithstanding subdivision 7 of section 652 of the labor law,  a
modification  of  part  142-2.3 of title 12 of the New York state codes,
rules and regulations pursuant to subdivision 7 of such section shall be
made by wage order promulgated by the commissioner of  labor  without  a
public  hearing, and without reference to a wage board, and shall become
effective sixty days after the effective date of such section.
  S 3. If any provision of article 19 of the labor law or  the  applica-
tion thereof to any person, employer, occupation or circumstance is held
invalid,  the  remainder  of  the  article  and  the application of such
provision to other persons,  employees,  occupations,  or  circumstances
shall not be affected thereby.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15783-01-4

The New York State Senate

senate Bill S7940

Sponsored By

Archive: Last Bill Status - In Senate Committee

Actions

Co-Sponsors

S7940 - Details

S7940 - Summary

S7940 - Sponsor Memo

S7940 - Bill Text download pdf

senate Bill S7940

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Sponsored By

Brad Hoylman

Archive: Last Bill Status - In Senate Committee

Actions

Co-Sponsors

Timothy M. Kennedy

Kevin S. Parker

Jose Peralta

Bill Perkins

S7940 - Details

S7940 - Summary

S7940 - Sponsor Memo

S7940 - Bill Text download pdf