S T A T E O F N E W Y O R K
________________________________________________________________________
4776
2023-2024 Regular Sessions
I N S E N A T E
February 14, 2023
___________
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.
LBD09530-01-3
S. 4776 2
4. IT SHALL BE AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO RETALIATE OR IN
ANY WAY DISCRIMINATE AGAINST AN INDIVIDUAL WITH RESPECT TO ANY TERM OR
CONDITION OF EMPLOYMENT OR THREATEN SUCH ACTION DUE TO AN EMPLOYEE
REJECTING A REQUEST BY AN EMPLOYER TO WORK DURING A PRESCRIBED REST
PERIOD.
5. ANY EMPLOYER WHO VIOLATES THIS SECTION SHALL FORFEIT TO THE PEOPLE
OF THE STATE THE SUM OF ONE THOUSAND DOLLARS FOR EACH VIOLATION, TO BE
RECOVERED BY THE COMMISSIONER IN ANY LEGAL ACTION NECESSARY, AND SHALL
PAY TO THE AGGRIEVED EMPLOYEE DAMAGES OF AN AMOUNT EQUIVALENT TO THREE
TIMES THE VALUE OF OWED WAGES FOR SHIFTS WORKED IN VIOLATION OF THIS
SECTION, OR AT LEAST ONE HUNDRED DOLLARS FOR EACH WORK DAY THAT THE
VIOLATION OCCURRED OR CONTINUED TO OCCUR.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.