S T A T E O F N E W Y O R K
________________________________________________________________________
1241
2023-2024 Regular Sessions
I N A S S E M B L Y
January 13, 2023
___________
Introduced by M. of A. BURGOS -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to reducing the number of
hours in a work week to thirty-two for employers with at least five
hundred employees
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 160-a to
read as follows:
§ 160-A. HOURS TO CONSTITUTE A WEEK'S WORK. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, A LEGAL WEEK'S WORK SHALL
CONSIST OF THIRTY-TWO HOURS FOR ANY EMPLOYER WITH AT LEAST FIVE HUNDRED
EMPLOYEES WHO ARE NOT PART OF A COLLECTIVE BARGAINING AGREEMENT.
2. NO EMPLOYEE COMPENSATION SHALL BE REDUCED DUE TO THE REDUCTION IN
HOURS CONSIDERED A LEGAL WEEK'S WORK UNDER THIS SECTION.
3. THIS SECTION SHALL NOT PREVENT AN AGREEMENT FOR OVERWORK AT AN
INCREASED COMPENSATION OF AT LEAST ONE HUNDRED FIFTY PERCENT OF THE
EMPLOYEE'S BASE COMPENSATION.
§ 2. Section 232 of the labor law, as added by chapter 777 of the
laws of 1971, is amended to read as follows:
§ 232. Overtime. 1. An employee, employed by a contractor, who works
more than eight hours in any one day or more than forty hours in any
workweek shall be paid wages for such overtime at a rate not less than
one-and-one-half times [his] THEIR prevailing basic cash hourly rate.
2. AN EMPLOYEE, EMPLOYED BY A CONTRACTOR WITH AT LEAST FIVE HUNDRED
EMPLOYEES WHO ARE NOT PART OF A COLLECTIVE BARGAINING AGREEMENT, WHO
WORKS MORE THAN EIGHT HOURS IN ANY ONE DAY OR MORE THAN THIRTY-TWO HOURS
IN ANY WORKWEEK SHALL BE PAID WAGES FOR SUCH OVERTIME AT A RATE NOT LESS
THAN ONE-AND-ONE-HALF TIMES THEIR PREVAILING BASIC CASH HOURLY RATE. NO
EMPLOYEE COMPENSATION SHALL BE REDUCED DUE TO THE REDUCTION IN HOURS
CONSIDERED A LEGAL WEEK'S WORK UNDER THIS SUBDIVISION. THIS SUBDIVISION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00623-03-3
A. 1241 2
SHALL NOT PREVENT AN AGREEMENT FOR OVERTIME AT AN INCREASED COMPENSATION
OF AT LEAST ONE HUNDRED FIFTY PERCENT OF THE EMPLOYEE'S BASE COMPEN-
SATION.
§ 3. This act shall take effect January 1, 2025.