S T A T E O F N E W Y O R K
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8436
I N S E N A T E
May 7, 2018
___________
Introduced by Sen. SEPULVEDA -- 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 requiring employers to pay
holiday premium pay to certain employees on certain federal holidays
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 190 of the labor law is amended by adding a new
subdivision 10 to read as follows:
10. "HOLIDAY PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS PREMIUM PAY
AT A RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY FOR NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
§ 2. The labor law is amended by adding a new section 191-d to read as
follows:
§ 191-D. HOLIDAY PREMIUM PAY. EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES, EXCEPT ANY PERSON EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINIS-
TRATIVE, OR PROFESSIONAL CAPACITY WHOSE EARNINGS ARE IN EXCESS OF NINE
HUNDRED DOLLARS A WEEK, HOLIDAY PREMIUM PAY, AS DEFINED IN SUBDIVISION
TEN OF SECTION ONE HUNDRED NINETY OF THIS ARTICLE, ON THE FOLLOWING
HOLIDAYS:
1. NEW YEAR'S DAY;
2. LABOR DAY;
3. MEMORIAL DAY; AND
4. INDEPENDENCE DAY.
§ 3. Nothing in this act shall be deemed to diminish the rights, priv-
ileges, or remedies of any employee under any collective bargaining
agreement or employment contract.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08069-01-7