The New York State Senate

                    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