senate Bill S4363A

2015-2016 Legislative Session

Requires employers of retail, food service or cleaning employees to give such employees 7 day notice of their work schedule and a months notice of the minimum hours of work

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Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 19, 2016 print number 4363a
amend and recommit to labor
Jan 06, 2016 referred to labor
Mar 17, 2015 referred to labor

S4363 - Details

See Assembly Version of this Bill:
A9274
Law Section:
Labor Law
Laws Affected:
Add Art 5 Title 2 §§171 - 176, Lab L

S4363 - Summary

Requires employers of retail, food service or cleaning employees to give such employees 7 days' notice of their work schedule and a month's notice of the minimum hours of work; provides a private right of action to employees who are aggrieved by certain violations of such provisions.

S4363 - Sponsor Memo

S4363 - Bill Text download pdf

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

                                  4363

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 17, 2015
                               ___________

Introduced  by  Sen. PERALTA -- 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 employee work schedules

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

  Section 1. Article 5 of the labor law is amended by adding a new title
2 to read as follows:
                                 TITLE 2
                          SPECIAL REQUIREMENTS
SECTION 171. DEFINITIONS.
        172. ADVANCED NOTICE REQUIREMENTS.
        173. EXCHANGE OF SHIFTS.
        174. PROHIBITED ACTS.
        175. EXCEPTIONS.
        176. ENFORCEMENT.
  S 171. DEFINITIONS. AS USED IN THIS TITLE:
  1.  "EMPLOYER"  SHALL  MEAN ANY PERSON, CORPORATION, LIMITED LIABILITY
COMPANY, LIMITED LIABILITY PARTNERSHIP OR ASSOCIATION EMPLOYING FIFTY OR
MORE FULL-TIME EMPLOYEES WITHIN THIS STATE OR A PROPORTIONAL  NUMBER  OF
PART-TIME EMPLOYEES, WHO EMPLOYS A RETAIL EMPLOYEE, FOOD SERVICE EMPLOY-
EE OR CLEANING EMPLOYEE.
  2.  "EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED AS A RETAIL EMPLOYEE,
FOOD SERVICE EMPLOYEE OR CLEANING EMPLOYEE BY AN EMPLOYER.
  3. "RETAIL EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN  THE
SALE  OF ITEMS AT A RETAIL STORE ENGAGED IN THE SALE OF ITEMS TO CONSUM-
ERS.
  4. "FOOD SERVICE EMPLOYEE" SHALL MEAN ANY EMPLOYEE  PRIMARILY  ENGAGED
IN  THE  SERVICE  OF FOOD OR BEVERAGE TO GUESTS, PATRONS OR CUSTOMERS IN
THE HOTEL OR RESTAURANT INDUSTRY, INCLUDING BUT  NOT  LIMITED  TO,  WAIT
STAFF,  BARTENDERS,  CAPTAINS  AND  BUSING  PERSONNEL; AND WHO REGULARLY
RECEIVES TIPS FROM SUCH GUESTS, PATRONS OR CUSTOMERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09954-02-5

S4363A (ACTIVE) - Details

See Assembly Version of this Bill:
A9274
Law Section:
Labor Law
Laws Affected:
Add Art 5 Title 2 §§171 - 176, Lab L

S4363A (ACTIVE) - Summary

Requires employers of retail, food service or cleaning employees to give such employees 7 days' notice of their work schedule and a month's notice of the minimum hours of work; provides a private right of action to employees who are aggrieved by certain violations of such provisions.

S4363A (ACTIVE) - Sponsor Memo

S4363A (ACTIVE) - Bill Text download pdf

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

                                 4363--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 17, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor  --  recommitted  to
  the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the labor law, in relation to employee work schedules

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

  Section 1. Article 5 of the labor law is amended by adding a new title
2 to read as follows:
                                 TITLE 2
                          SPECIAL REQUIREMENTS
SECTION 171. DEFINITIONS.
        172. ADVANCED NOTICE REQUIREMENTS.
        173. EXCHANGE OF SHIFTS.
        174. PROHIBITED ACTS.
        175. EXCEPTIONS.
        176. ENFORCEMENT.
  S 171. DEFINITIONS. AS USED IN THIS TITLE:
  1. "EMPLOYER" SHALL MEAN ANY PERSON,  CORPORATION,  LIMITED  LIABILITY
COMPANY,  LIMITED  LIABILITY  PARTNERSHIP  OR ASSOCIATION EMPLOYING FIVE
HUNDRED OR MORE FULL-TIME EMPLOYEES NATIONWIDE OR A PROPORTIONAL  NUMBER
OF  PART-TIME  EMPLOYEES,  WHO  EMPLOYS  A RETAIL EMPLOYEE, FOOD SERVICE
EMPLOYEE OR CLEANING EMPLOYEE.
  2. "EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED AS A RETAIL  EMPLOYEE,
FOOD SERVICE EMPLOYEE OR CLEANING EMPLOYEE BY AN EMPLOYER.
  3.  "RETAIL EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN THE
SALE OF ITEMS AT A RETAIL STORE ENGAGED IN THE SALE OF ITEMS TO  CONSUM-
ERS.
  4.  "FOOD  SERVICE EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED
IN THE SERVICE OF FOOD OR BEVERAGE TO GUESTS, PATRONS  OR  CUSTOMERS  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09954-03-6

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