Senate Bill S7908A

2017-2018 Legislative Session

Directs the empire state development corporation to study a proposed rule of the department of labor relating to call-in pay prior to its adoption

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 08, 2018	advanced to third reading
May 07, 2018	2nd report cal.
May 02, 2018	1st report cal.1013
Apr 17, 2018	print number 7908a
Apr 17, 2018	amend and recommit to corporations, authorities and commissions
Mar 09, 2018	referred to corporations, authorities and commissions

Votes

- May 1, 2018 - Corporations, Authorities And Commissions Committee Vote
  S7908A
  
  Aye
  
  4
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Corporations, Authorities And Commissions Committee Vote: May 1, 2018
      
      aye (4)
      
      Amedore
      
      Larkin
      
      Ortt
      
      Ranzenhofer
      
      nay (3)
      
      Alcantara
      
      Comrie
      
      Kavanagh

Bill Amendments

Original

A (Active)

2017-S7908 - Details

See Assembly Version of this Bill:: A10423
Current Committee:: Senate Rules
Law Section:: Labor
Versions Introduced in 2019-2020 Legislative Session:: S1911, A5155

2017-S7908 - Summary

Directs the empire state development corporation to study a proposed rule of the department of labor relating to call-in pay prior to its adoption.

2017-S7908 - Sponsor Memo

                                
 
BILL NUMBER: S7908

SPONSOR: FUNKE
 
TITLE OF BILL:  An act directing the empire state development corpo-
ration to study a proposed rule of the department of labor prior to its
adoption

 
PURPOSE:

To delay the implementation of the NYS Department of Labor employee call
in regulations until completion of a study conducted by Empire State
Development Corporation.

 
SUMMARY OF PROVISIONS:

Section 1: establishes the legislative intent.

Section 2: Delays the implementation of the November 22, 2017 NYS
Department of Labor employee call-in pay requirements until at least 90
days after completion of a study on the potential impact conducted by
Empire State Development Corporation.

Section 3: Outlined the framework of the study to be conducted.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

On November 22, 2017 the NYS Department of Labor released regulations in
relation to employee scheduling. Since that time businesses across many
industries such as agriculture, outdoor seasonal work, amusement parks,
grocery stores and others have expressed their opposition to this undue
burden.

In particular, industries dependent on weather such as the carwash
industry would be negatively impacted. These businesses may need to
adjust their hours based on factors they cannot control, and thus adjust
employee's schedules to reflect the necessary changes.  Employers that
have employees on hourly wages would be hit the hardest. If an employee
were to call in sick, the employer would be held responsible for this
schedule change. Though this occurs at no fault to the employer, the
schedule change would result in a financial penalty to the business
owner.

Furthermore, these regulations were released with little to no data
available indicating that these regulations were even necessary. In
fact, a report released in early 2017 by Gallup demonstrated that even
those individuals this regulation is intended to help don't want or need
it. One in six employees' works in a non-salaried job where the hours
vary week to week and of those, just over half said they preferred vari-
able scheduling. Two-thirds said variable scheduling did not impose a
financial hardship. This bill would slow the implementation of this
burdensome regulation until such time as a report is completed and more
information on the necessity of such regulation, or lack thereof, is
available.

 
LEGISLATIVE HISTORY:

New Bill.
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7908 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7908
 
                             I N  S E N A T E
 
                               March 9, 2018
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  directing  the  empire state development corporation to study a
   proposed rule of the department of labor prior to its adoption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The legislature recognizes the impor-
 tance of the administrative rulemaking of agencies of state governments.
 The state administrative procedure act  (SAPA)  was  enacted  to  ensure
 uniform  and  equitable  practices  to  meet  the  public interest. SAPA
 provides for a job impact analysis by an agency to evaluate  the  poten-
 tial  impact  of  a  proposed rule on jobs and employment opportunities.
 SAPA also requires a regulatory impact statement and a regulatory flexi-
 bility analysis for small business, which includes a study of costs  and
 economic impact.
   The  senate  standing  committee on commerce, economic development and
 small business, together  with  the  senate  administrative  regulations
 review  commission,  conducted  a  public  hearing on the New York state
 department of labor proposed rule making on employee scheduling (call-in
 pay). The testimony received by the committees raised questions concern-
 ing whether the data upon which the conclusions reached by  the  depart-
 ment of labor's regulatory impact statement considered all the appropri-
 ate information, particularly on job impact, and was consistent with the
 objectives  of  SAPA. Based on the information presented at the hearing,
 an additional evaluation of the proposed regulation would be appropriate
 prior to implementation of such regulation to ensure the  objectives  of
 SAPA are met.
   §  2. Notwithstanding any law, rule or regulation to the contrary, the
 proposed  rule  contained  in  the  November  22,  2017  State  Register
 (LAB-47-17-00011-P)  by  the  New  York state department of labor, which
 would revise the call-in pay requirements of the minimum wage order  for
 miscellaneous  industries  and  occupations  (12  NYCRR  Part  142 at §§
 142-2.3 and 142-3.3) shall not be filed by the department of labor  with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15050-02-8

 S. 7908                             2
 
 the  secretary  of  state  and published in the state register until not
 less than 90 days after completion of a study providing additional eval-
 uation of the potential impact of the rule by the empire state  develop-
 ment corporation as provided for in this act.
   §  3.  The  empire state development corporation shall, in conjunction
 with a third party, undertake a study to provide  additional  evaluation
 on the additional impacts on jobs and employment opportunities, cost and
 the  economic  impact, particularly on small businesses, of the proposed
 rule referenced herein. Stakeholders impacted  by  this  rule  shall  be
 contacted  to  obtain  information. Upon completion, such study shall be
 provided to the department of labor. Such  study,  including  the  addi-
 tional evaluation of the potential impacts, shall be considered a public
 comment  for  the  purposes of article two of SAPA and shall be analyzed
 and summarized in any assessment of public comments. The  department  of
 labor  shall make every effort to minimize any impacts determined by the
 empire state development corporation.
   § 4. This act shall take effect immediately.

co-Sponsors

2017-S7908A (ACTIVE) - Details

See Assembly Version of this Bill:: A10423
Current Committee:: Senate Rules
Law Section:: Labor
Versions Introduced in 2019-2020 Legislative Session:: S1911, A5155

2017-S7908A (ACTIVE) - Summary

Directs the empire state development corporation to study a proposed rule of the department of labor relating to call-in pay prior to its adoption.

2017-S7908A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7908A

SPONSOR: FUNKE
 
TITLE OF BILL:

An act directing the empire state development corporation to study a
proposed rule of the department of labor prior to its adoption

 
PURPOSE:

To delay the implementation of the NYS Department of Labor employee call
in regulations until completion of a study conducted by Empire State
Development Corporation.

 
SUMMARY OF PROVISIONS:

Section 1: establishes the legislative intent.

Section 2: Delays the implementation of the November 22, 2017 NYS
Department of Labor employee call-in pay requirements until at least 90
days after completion of a study on the potential impact conducted by

Empire State Development Corporation.

Section 3: Outlined the framework of the study to be conducted.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

On November 22, 2017 the NYS Department of Labor released regulations in
relation to employee scheduling. Since that time businesses across many
industries such as agriculture, outdoor seasonal work, amusement parks,
grocery stores and others have expressed their opposition to this undue
burden.

The senate standing committee on commerce, economic development and
small business, together with the senate administrative regulations
review commission, conducted a public hearing on the New York state
department of labor proposed rule making on employee scheduling (call-in
pay). The testimony received by the committees raised questions concern-
ing whether the data upon which the conclusions reached by the depart-
ment of labor's regulatory impact statement considered all the appropri-
ate information, particularly on job impact, and was consistent with the
objectives of SAPA. Based on the information presented at the hearing,
an additional evaluation of the proposed regulation would be appropriate
prior to implementation of such regulation to ensure the objectives of
SAPA are met.

In particular, industries dependent on weather such as the carwash
industry would be negatively impacted. These businesses may need to
adjust their hours based on factors they cannot control, and thus adjust
employee's schedules to reflect the necessary changes.  Employers that
have employees on hourly wages would be hit the hardest. If an employee
were to call in sick, the employer would be held responsible for this
schedule change. Though this occurs at no fault to the employer, the
schedule change would result in a financial penalty to the business
owner.


Furthermore, these regulations were released with little to no data
available indicating that these regulations were even necessary. In
fact, a report released in early 2017 by Gallup demonstrated that even
those individuals this regulation is intended to help don't want or need
it. One in six employees' works in a non-salaried job where the hours
vary week to week and of those, just over half said they preferred vari-
able scheduling. Two-thirds said variable scheduling did not impose a
financial hardship. This bill would slow the implementation of this
burdensome regulation until such time as a report is completed and more
information on the necessity of such regulation, or lack thereof, is
available.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7908A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7908--A
 
                             I N  S E N A T E
 
                               March 9, 2018
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT directing the empire state development  corporation  to  study  a
   proposed rule of the department of labor prior to its adoption

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature recognizes  the  impor-
 tance of the administrative rulemaking of agencies of state governments.
 The  state  administrative  procedure  act  (SAPA) was enacted to ensure
 uniform and equitable  practices  to  meet  the  public  interest.  SAPA
 provides  for  a job impact analysis by an agency to evaluate the poten-
 tial impact of a proposed rule on  jobs  and  employment  opportunities.
 SAPA also requires a regulatory impact statement and a regulatory flexi-
 bility  analysis for small business, which includes a study of costs and
 economic impact.
   § 2. Notwithstanding any law, rule or regulation to the contrary,  the
 proposed  rule  contained  in  the  November  22,  2017  State  Register
 (LAB-47-17-00011-P) by the New York state  department  of  labor,  which
 would  revise the call-in pay requirements of the minimum wage order for
 miscellaneous industries and  occupations  (12  NYCRR  Part  142  at  §§
 142-2.3  and 142-3.3) shall not be filed by the department of labor with
 the secretary of state and published in the  state  register  until  not
 less than 90 days after completion of a study providing additional eval-
 uation  of the potential impact of the rule by the empire state develop-
 ment corporation as provided for in this act.
   § 3. The empire state development corporation  shall,  in  conjunction
 with  a  third party, undertake a study to provide additional evaluation
 on the additional impacts on jobs and employment opportunities, cost and
 the economic impact, particularly on small businesses, of  the  proposed
 rule  referenced  herein.  Stakeholders  impacted  by this rule shall be
 contacted to obtain information. Upon completion, such  study  shall  be
 provided  to  the  department  of labor. Such study, including the addi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15050-03-8

 S. 7908--A                          2
 
 tional evaluation of the potential impacts, shall be considered a public
 comment for the purposes of article  two  of  the  state  administrative
 procedure  act and shall be analyzed and summarized in any assessment of
 public  comments.  The  department  of  labor shall make every effort to
 minimize any impacts determined by the empire state  development  corpo-
 ration.
   § 4. This act shall take effect immediately.

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Senate Bill S7908A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 1, 2018 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: May 1, 2018

Bill Amendments

2017-S7908 - Details

2017-S7908 - Summary

2017-S7908 - Sponsor Memo

2017-S7908 - Bill Text download pdf

co-Sponsors

2017-S7908A (ACTIVE) - Details

2017-S7908A (ACTIVE) - Summary

2017-S7908A (ACTIVE) - Sponsor Memo

2017-S7908A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S7908A

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2017-S7908 - Details

2017-S7908 - Summary

2017-S7908 - Sponsor Memo

2017-S7908 - Bill Text download pdf

co-Sponsors

Fred Akshar

2017-S7908A (ACTIVE) - Details

2017-S7908A (ACTIVE) - Summary

2017-S7908A (ACTIVE) - Sponsor Memo

2017-S7908A (ACTIVE) - Bill Text download pdf

Comments