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Assembly Bill A7396A

2017-2018 Legislative Session

Requires state agencies with over 25 percent of their workforce accruing overtime on a calendar year basis to maintain all full time equivalent positions from the previous year

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A7396 - Details

See Senate Version of this Bill:
S5680
Current Committee:
Assembly Ways And Means
Law Section:
Labor
Versions Introduced in 2019-2020 Legislative Session:
A3708

2017-A7396 - Summary

Requires state agencies with over 25 percent of their workforce accruing overtime on a calendar year basis and absent an emergency requiring a temporary increase in overtime hours, to maintain all full time equivalent positions from the previous year.

2017-A7396 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7396
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to requiring  state  agencies
   to maintain all full time equivalent positions from a previous year if
   more  than a certain percentage of their workforce accrued overtime in
   the previous calendar year

   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 169-b to
 read as follows:
   § 169-B. OVERTIME FOR CERTAIN  STATE  EMPLOYEES.  NOTWITHSTANDING  ANY
 OTHER  LAW  TO  THE  CONTRARY,  ANY  STATE  AGENCY WITH OVER TWENTY-FIVE
 PERCENT OF THEIR WORKFORCE ACCRUING OVERTIME ON A  CALENDAR  YEAR  BASIS
 AND  ABSENT  AN  EMERGENCY  REQUIRING  A  TEMPORARY INCREASE IN OVERTIME
 HOURS, SHALL MAINTAIN ALL FULL TIME EQUIVALENT POSITIONS FROM THE PREVI-
 OUS YEAR.  STATE AGENCIES SHALL REPORT THE TOTAL NUMBER OF AGENCY  WORK-
 ERS  AND THE TOTAL NUMBER OF WORKERS ACCRUING OVERTIME FROM THE PREVIOUS
 CALENDAR YEAR, TO THE DIRECTOR OF THE BUDGET  BY  JANUARY  FIFTEENTH  OF
 EACH  YEAR.    IN ADDITION, ANY AGENCY EXCEEDING THE THRESHOLD AS ESTAB-
 LISHED IN THIS SECTION SHALL REPORT THE NUMBER OF FULL  TIME  EQUIVALENT
 POSITIONS  THAT HAVE BEEN FILLED IN ACCORDANCE WITH THIS SECTION AND ALL
 EFFORTS MADE TO REDUCE OVERTIME TO BENEATH THE THRESHOLD STATED  HEREIN.
 EACH AGENCY SHALL FURTHER REPORT THE NUMBER OF TEMPORARY WORKERS AND PER
 DIEM  WORKERS  IN  POSITIONS  IN  SUCH AGENCY AND THE SPECIFIC NUMBER OF
 HOURS WORKED BY TEMPORARY  AND  PER  DIEM  WORKERS.  SUCH  REPORT  SHALL
 INCLUDE  THE  LENGTH  OF  TIME THE TEMPORARY WORKERS OR PER DIEM WORKERS
 HAVE BEEN EMPLOYED IN EACH AGENCY.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11100-01-7

co-Sponsors

2017-A7396A (ACTIVE) - Details

See Senate Version of this Bill:
S5680
Current Committee:
Assembly Ways And Means
Law Section:
Labor
Versions Introduced in 2019-2020 Legislative Session:
A3708

2017-A7396A (ACTIVE) - Summary

Requires state agencies with over 25 percent of their workforce accruing overtime on a calendar year basis and absent an emergency requiring a temporary increase in overtime hours, to maintain all full time equivalent positions from the previous year.

2017-A7396A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7396--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Labor -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT to require state agencies with over twenty-five percent of their
   workforce accruing overtime to maintain all full time equivalent posi-
   tions from the previous year
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Notwithstanding  any other law to the contrary, any state
 agency with over 25 percent of their workforce accruing  overtime  on  a
 calendar  year  basis  and  absent  an  emergency  requiring a temporary
 increase in overtime hours, shall  maintain  all  full  time  equivalent
 positions  from the previous year. State agencies shall report the total
 number of agency workers and the total number of workers accruing  over-
 time from the previous calendar year, to the Director of Budget by Janu-
 ary  15 of each year. In addition, any agency exceeding the threshold as
 established herein shall report on the number of  full  time  equivalent
 positions  that have been filled in accordance with this section and all
 efforts made to reduce overtime to beneath the threshold stated  herein.
 Each  agency shall further report on the number of temporary workers and
 per diem workers in positions in said agency and the specific number  of
 hours  worked  by  temporary  and  per  diem  workers. Said report shall
 include the length of time said temporary workers or  per  diem  workers
 have been employed in each agency.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11100-02-7

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