Senate Bill S71

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    71
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens. HOYLMAN, ADDABBO, DILAN, KENNEDY, PARKER, PERALTA,
   PERKINS -- 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 providing more predictable
   and stable schedules for employees in low-wage occupations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 652 of the labor law is amended by   adding  a  new
 subdivision 7 to read as follows:
   7.  AN  EMPLOYER WHO OPERATES THIRTY OR MORE ESTABLISHMENTS NATIONWIDE
 SHALL PAY AN EMPLOYEE:
   (A) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
 DAY  ON  WHICH THE EMPLOYEE REPORTS FOR WORK UNDER SPECIFIC INSTRUCTIONS
 BUT IS GIVEN LESS THAN FOUR HOURS OF WORK, EXCEPT THAT IF THE EMPLOYEE'S
 REGULARLY SCHEDULED SHIFT IS LESS THAN FOUR HOURS, SUCH  EMPLOYEE  SHALL
 BE  PAID  FOR  THE  EMPLOYEE'S REGULARLY SCHEDULED HOURS FOR THAT DAY IF
 GIVEN LESS THAN THE REGULARLY SCHEDULED HOURS OF WORK; AND
   (B) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
 DAY  THE  EMPLOYEE IS GIVEN SPECIFIC INSTRUCTIONS TO CONTACT THE EMPLOY-
 EE'S EMPLOYER, OR WAIT TO BE CONTACTED BY THE EMPLOYER, LESS THAN  TWEN-
 TY-FOUR  HOURS  IN  ADVANCE  OF THE START OF THE POTENTIAL WORK SHIFT TO
 DETERMINE WHETHER THE EMPLOYEE MUST REPORT TO WORK FOR SUCH SHIFT.
   (C) NOTHING IN THIS SUBDIVISION SHALL APPLY TO  ANY  EMPLOYER  WHO  IS
 SUBJECT  TO A HOSPITALITY INDUSTRY WAGE ORDER PROMULGATED BY THE DEPART-
 MENT, UNLESS THE EMPLOYER IS ALSO SUBJECT TO  A  FAST  FOOD  WAGE  ORDER
 PROMULGATED  BY  THE  DEPARTMENT,  AS SUCH TERMS ARE DEFINED BY 18 NYCRR
 PART 146.
   § 2. Notwithstanding subdivision 7 of section 652 of the labor law,  a
 modification  of  part  142-2.3 of title 12 of the New York state codes,
 rules and regulations based on subdivision 7 of such  section  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00515-01-7

 S. 71                               2
 
 made  by  wage  order promulgated by the commissioner of labor without a
 public hearing, and without reference to a wage board, and shall  become
 effective sixty days after the effective date of such subdivision.
   §  3.  If any provision of article 19 of the labor law or the applica-
 tion thereof to any person, employer, occupation or circumstance is held
 invalid, the remainder of  the  article  and  the  application  of  such
 provision  to  other  persons,  employees, occupations, or circumstances
 shall not be affected thereby.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.