S T A T E O F N E W Y O R K
________________________________________________________________________
4136
2015-2016 Regular Sessions
I N A S S E M B L Y
January 29, 2015
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Introduced by M. of A. DenDEKKER, GRAF, MONTESANO, SIMANOWITZ, BENEDET-
TO, CRESPO, JAFFEE, ABINANTI, WEPRIN, AUBRY, ROBERTS, CLARK -- Multi-
Sponsored by -- M. of A. BRENNAN, CURRAN, MOYA, NOLAN, O'DONNELL,
WEINSTEIN -- read once and referred to the Committee on Governmental
Employees
AN ACT to amend the labor law, in relation to prohibiting mandatory
overtime for certain persons
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. PROHIBITION OF MANDATORY OVERTIME. 1. FOR PURPOSES OF THIS
SECTION, THE TERM "MANDATORY OVERTIME" SHALL MEAN THE PERIOD OF TIME AN
EMPLOYEE IS REQUIRED TO WORK IN EXCESS OF HIS OR HER REGULARLY ESTAB-
LISHED HOURS OF EMPLOYMENT, AND FOR WHICH SUCH EMPLOYEE FACES DISCIPLI-
NARY ACTION OR TERMINATION FOR HIS OR HER REFUSAL TO WORK IN EXCESS OF
SUCH HOURS.
2. NO EMPLOYER SHALL REQUIRE AN EMPLOYEE, WHO FIRST BECOMES A MEMBER
OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW
YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM AND THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
ELEVEN, TO WORK MANDATORY OVERTIME IF SUCH EMPLOYEE HAS REACHED HIS OR
HER OVERTIME CEILING AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
FIVE HUNDRED ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07995-01-5