Senate Bill S2879

2019-2020 Legislative Session

Relates to providing for rest between work shifts

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor 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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2019-S2879 (ACTIVE) - Details

See Assembly Version of this Bill:
A325
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §168-a, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6854, A8707
2021-2022: S3546
2023-2024: S4776

2019-S2879 (ACTIVE) - Summary

Relates to providing for rest between work shifts; prohibits the scheduling of an employee to work the first ten hours following the end of the previous calendar day's work shift or on-call shift or the first ten hours following the end of a work shift or on-call shift that spanned two calendar days unless an employee consents or volunteers, in which case the employee shall be paid one and one-half times the regular rate of pay.

2019-S2879 (ACTIVE) - Sponsor Memo

2019-S2879 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2879
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 for rest between
   work shifts
 
   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 168-a to
 read as follows:
   § 168-A. RIGHT TO REST BETWEEN WORK SHIFTS. 1.  AN  EMPLOYER  MAY  NOT
 SCHEDULE  OR REQUIRE AN EMPLOYEE TO WORK DURING THE FOLLOWING REST PERI-
 ODS:
   A. THE FIRST TEN HOURS FOLLOWING THE  END  OF  THE  PREVIOUS  CALENDAR
 DAY'S WORK SHIFT OR ON-CALL SHIFT; OR
   B.  THE  FIRST  TEN HOURS FOLLOWING THE END OF A WORK SHIFT OR ON-CALL
 SHIFT THAT SPANNED TWO CALENDAR DAYS.
   2. AN EMPLOYEE MAY REQUEST OR CONSENT TO WORK DURING  HOURS  OTHERWISE
 PROHIBITED  UNDER  SUBDIVISION  ONE  OF  THIS SECTION. AN EMPLOYER SHALL
 COMPENSATE AN EMPLOYEE FOR EACH HOUR OR  PORTION  OF  AN  HOUR  THAT  AN
 EMPLOYEE  WORKS  DURING  A  REST  PERIOD  AT  ONE AND ONE-HALF TIMES THE
 EMPLOYEE'S REGULAR RATE OF PAY.
   3. THIS SECTION SHALL APPLY ONLY TO AN EMPLOYER WHO IS DEEMED TO BE  A
 PERSON,  CORPORATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PART-
 NERSHIP, OR ASSOCIATION EMPLOYING FIVE HUNDRED OR MORE FULL-TIME EMPLOY-
 EES NATIONWIDE OR A PROPORTIONAL NUMBER OF PART-TIME EMPLOYEES, AND  WHO
 PROVIDES  SERVICES  IN  THE RETAIL TRADE SECTOR, OR PROVIDES HOSPITALITY
 SERVICE, HOUSEKEEPING OR CLEANING SERVICES, OR  ACCOMMODATION  AND  FOOD
 SERVICES,  AS  SUCH  TERMS ARE DEFINED UNDER THE NORTH AMERICAN INDUSTRY
 CLASSIFICATION SYSTEM, EXCEPT IN THE CASE  OF  HOSPITALITY  SERVICE,  IN
 WHICH  CASE SUCH TERM SHALL HAVE THE SAME MEANING AS THE DEFINITION OF A
 HOTEL AND MOTEL UNDER THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01168-01-9
              

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