Senate Bill S4912

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4912
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by  Sen. S. RYAN -- 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 enacting "the construction
   reporting pay act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 "the construction reporting pay act".
   § 2. Legislative intent  and  findings.  The  legislature  finds  that
 employees in construction are entitled to the same scheduling, reliabil-
 ity,  and  predictability as other fields of employment. The legislature
 further finds that reliable and predictable  scheduling  will  create  a
 more harmonious relationship between labor and management, leading to an
 overall better and safer working environment.
   § 3. The labor law is amended by adding a new section 224-g to read as
 follows:
   §  224-G.  WAGE  REQUIREMENTS  FOR  REPORTING  AND  SCHEDULING PAY. 1.
 NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  FOR  ANY
 CONSTRUCTION  PROJECTS  COVERED  BY  SECTIONS  TWO  HUNDRED  TWENTY, TWO
 HUNDRED TWENTY-B, TWO HUNDRED TWENTY FOUR-A, TWO HUNDRED TWENTY  FOUR-D,
 TWO HUNDRED TWENTY FOUR-E, TWO HUNDRED TWENTY FOUR-F AS ADDED BY SECTION
 THREE  OF PART TT OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWEN-
 TY-THREE, OR TWO HUNDRED TWENTY FOUR-F AS ADDED BY CHAPTER  TWO  HUNDRED
 SEVENTY-EIGHT  OF  THE  LAWS OF TWO THOUSAND TWENTY-THREE, EACH LABORER,
 WORKER OR MECHANIC IN THE EMPLOY OF  A  CONTRACTOR  WHO  BY  REQUEST  OR
 PERMISSION  OF  AN EMPLOYER REPORTS FOR WORK ON ANY DAY SHALL BE PAID NO
 LESS THAN FOUR HOURS AT THE PREVAILING RATE OF WAGES, INCLUDING  SUPPLE-
 MENTS, AS DEFINED IN THIS ARTICLE FOR THE EMPLOYEE'S REGULARLY SCHEDULED
 CLASSIFICATION OF WORK, HOWEVER, THIS SECTION SHALL NOT BE APPLICABLE IF
 THE  POSTED PREVAILING RATE OF WAGES PROVIDES FOR REPORTING PAY WAGES OR
 BENEFITS GREATER THAN SET FORTH IN THIS SECTION.  PAYMENTS  OWED  TO  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09757-01-5
              

 S. 4912                             2
 
 EMPLOYEE  PURSUANT  TO  THIS  SECTION SHALL BE DEEMED PREVAILING RATE OF
 WAGES OR SUPPLEMENTS AS DEFINED IN THIS ARTICLE.
   2.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY, EACH
 LABORER, WORKER OR MECHANIC IN THE EMPLOY OF A CONTRACTOR WHO BY REQUEST
 OR PERMISSION OF AN EMPLOYER IS SCHEDULED TO REPORT FOR WORK ON ANY  DAY
 SHALL  BE  PAID FOR TWO HOURS AT THE PREVAILING RATE OF WAGES, INCLUDING
 SUPPLEMENTS, AS DEFINED IN THIS  ARTICLE  FOR  THE  REGULARLY  SCHEDULED
 CLASSIFICATION  OF  WORK  WHEN SUCH SCHEDULED SHIFT IS CANCELLED ON LESS
 THAN TWELVE HOURS' NOTICE TO THE EMPLOYEE.
   § 4. The labor law is amended by adding a new section 196-e to read as
 follows:
   § 196-E. CONSTRUCTION INDUSTRY REPORTING PAY PROVISIONS. 1.   NOTWITH-
 STANDING  ANY  LAW,  RULE  OR  REGULATION  TO  THE CONTRARY, AN EMPLOYEE
 ENGAGED IN CONSTRUCTION, AS DEFINED IN SUBDIVISION ONE OF SECTION  EIGHT
 HUNDRED  SIXTY-ONE-B OF THIS CHAPTER, WHO BY REQUEST OR PERMISSION OF AN
 EMPLOYER REPORTS FOR WORK ON ANY DAY SHALL BE PAID  FOR  AT  LEAST  FOUR
 HOURS, OR THE NUMBER OF HOURS IN THE REGULARLY SCHEDULED SHIFT, WHICHEV-
 ER IS LESS, AT THE EMPLOYEE'S PROMISED HOURLY WAGE.
   2.  NOTWITHSTANDING  ANY  LAW,  RULE OR REGULATION TO THE CONTRARY, AN
 EMPLOYEE ENGAGED IN CONSTRUCTION,  AS  DEFINED  IN  SUBDIVISION  ONE  OF
 SECTION  EIGHT  HUNDRED  SIXTY-ONE-B  OF THIS CHAPTER, WHO BY REQUEST OR
 PERMISSION OF AN EMPLOYER IS SCHEDULED TO REPORT FOR  WORK  ON  ANY  DAY
 SHALL  BE PAID FOR TWO HOURS AT THE EMPLOYEE'S PROMISED HOURLY WAGE WHEN
 SUCH SCHEDULED SHIFT IS CANCELLED ON LESS THAN TWELVE HOURS'  NOTICE  TO
 THE  EMPLOYEE.  PAYMENTS  OWED  TO  AN EMPLOYEE PURSUANT TO THIS SECTION
 SHALL BE DEEMED WAGES AS DEFINED IN THIS ARTICLE.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.