Senate Bill S1253

                                BILL NUMBER:S1253

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:

2013-2014 - S.65
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.