Senate Bill S442

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

                                   442

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 hours of work

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

  Section  1. Subdivisions 1, 2 and 2-a of section 220 of the labor law,
subdivision 2 as amended by chapter 678 of the laws of 2007, and  subdi-
vision  2-a  as amended by chapter 8 of the laws of 2008, are amended to
read as follows:
  1. Eight hours shall constitute a legal day's work for all classes  of
employees  in  this  state  except  those  engaged  in farm and domestic
service unless otherwise provided by law OR UNLESS A PERSON IS  EMPLOYED
FOR  LESS THAN FIVE DAYS IN ANY WEEK IN WHICH CASE TEN HOURS MAY CONSTI-
TUTE A LEGAL DAY'S WORK.
  2. Each contract to which the state or a public benefit corporation or
a municipal corporation or a commission appointed pursuant to law  is  a
party,  and  any  contract for public work entered into by a third party
acting in place of, on behalf of and for  the  benefit  of  such  public
entity  pursuant  to  any  lease, permit or other agreement between such
third party and the public entity, and which may involve the  employment
of  laborers,  workers  or mechanics shall contain a stipulation that no
laborer, worker or mechanic in the employ of the contractor, subcontrac-
tor or other person doing or contracting to do the whole or  a  part  of
the  work contemplated by the contract shall be permitted or required to
work:
  (A) more than eight hours in any one calendar day or  more  than  five
days in any one week; OR
  (B) MORE THAN TEN HOURS IN ANY ONE CALENDAR DAY OR MORE THAN FOUR DAYS
IN  ANY  ONE  WEEK, except in cases of extraordinary emergency including
fire, flood or danger to life or property. No such person  shall  be  so
employed:
  (C) more than eight hours in any day or more than five days in any one
week; OR
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01053-01-5

S. 442                              2

  (D) MORE THAN TEN HOURS IN ANY ONE CALENDAR DAY OR MORE THEN FOUR DAYS
IN ANY ONE WEEK, except in such emergency. Extraordinary emergency with-
in  the meaning of this section shall be deemed to include situations in
which sufficient laborers, workers and mechanics cannot be  employed  to
carry on public work expeditiously as a result of such restrictions upon
the  number of hours and days of labor and the immediate commencement or
prosecution or completion without undue delay  of  the  public  work  is
necessary  in  the  judgment of the commissioner for the preservation of
the contract site and for the protection of the life  and  limb  of  the
persons  using  the same. Upon the application of any person interested,
the commissioner shall make a determination as to whether or not on  any
public  project  or  on  all  public projects in any area of this state,
sufficient laborers, workers and mechanics of any or all classifications
can be employed to  carry  on  work  expeditiously  if  their  labor  is
restricted:
  (E) to eight hours per day and five days per week; OR
  (F) TO TEN HOURS PER DAY AND FOUR DAYS PER WEEK, and in the event that
the  commissioner  determines  that  there  are  not sufficient workers,
laborers and mechanics of  any  or  all  classifications  which  may  be
employed  to  carry  on  such  work  expeditiously  if  their  labor  is
restricted to;
  (G) to eight hours per day and five days per week; OR
  (H) TO TEN HOURS PER DAY AND FOUR DAYS PER  WEEK,  and  the  immediate
commencement  or  prosecution  or  completion without undue delay of the
public work is necessary in the judgment of  the  commissioner  for  the
preservation of the contract site and for the protection of the life and
limb  of  the  persons  using  the  same, the commissioner shall grant a
dispensation permitting all laborers,  workers  and  mechanics,  or  any
classification  of  such  laborers,  workers and mechanics, to work such
additional hours or days per week on such  public  project  or  in  such
areas  the commissioner shall determine. Whenever such a dispensation is
granted, all work in excess of:
  (I) eight hours per day and five days per week; OR
  (J) TEN HOURS PER DAY AND FOUR DAYS  PER  WEEK,  shall  be  considered
overtime  work,  and the laborers, workers and mechanics performing such
work shall be paid a premium wage commensurate with  the  premium  wages
prevailing in the area in which the work is performed. No such dispensa-
tion shall be effective with respect to any public work unless and until
the department of jurisdiction, as defined in this section, certifies to
the  commissioner  that  such  public work is of an important nature and
that a delay in carrying it to completion would result in serious disad-
vantage to the public. Time lost in any week because of inclement weath-
er by employees engaged in the construction, reconstruction and  mainte-
nance  of  highways  outside of the limits of cities and villages may be
made up during that week and/or the succeeding three weeks.
  2-a. Any person contracting with the state or a public benefit  corpo-
ration,  or  a municipal corporation, or a commission appointed pursuant
to law that shall require:
  (A) more than [eight] TEN hours work for a day's labor; OR
  (B) MORE THAN EIGHT HOURS WORK FOR A DAY'S LABOR AND  MORE  THAN  FOUR
DAYS  OF LABOR IN ANY WEEK, unless otherwise permitted by law, is guilty
of a misdemeanor, and upon  conviction  thereof  shall  be  punished  in
accordance with the penal law for each offense.
  S 2. This act shall take effect immediately.