S T A T E O F N E W Y O R K
________________________________________________________________________
1434
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. ROZIC, BENEDETTO, BRONSON, BRAUNSTEIN, COLTON,
FAHY, HYNDMAN, LUPARDO, STECK, SIMON, WALKER, WALLACE, ZEBROWSKI --
Multi-Sponsored by -- M. of A. GLICK, RAMOS, SEAWRIGHT -- read once
and referred 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.
LBD00540-01-3
A. 1434 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.