assembly Bill A9488

2015-2016 Legislative Session

Relates to requiring businesses to pay holiday premium pay on certain federal holidays

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2016 ordered to third reading rules cal.401
rules report cal.401
reported
Jun 07, 2016 amend and recommit to rules 9488c
Jun 01, 2016 reported referred to rules
May 24, 2016 print number 9488b
amend (t) and recommit to labor
May 16, 2016 print number 9488a
amend (t) and recommit to labor
Mar 10, 2016 referred to labor

Co-Sponsors

A9488 - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L

A9488 - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9488

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Labor

AN ACT to amend the labor law, in relation to requiring retailers to pay
  holiday premium pay on certain federal holidays

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  190  of the labor law is amended by adding a new
subdivision 10 to read as follows:
  10. "HOLIDAY PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS  PREMIUM  PAY
AT  A  RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY FOR NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY  PREMIUM  PAY.  1.  FOR  PURPOSES  OF  THIS  SECTION,
"RETAILER" SHALL MEAN ANY PERSON WHO AS A BUSINESS OR FOR-PROFIT VENTURE
SELLS OF LEASES PRODUCTS FOR-PROFIT TO INITIAL CUSTOMERS.
  2. ALL RETAILERS SHALL PAY HOLIDAY PREMIUM PAY, AS DEFINED IN SUBDIVI-
SION TEN OF SECTION ONE HUNDRED NINETY OF THIS ARTICLE, ON THE FOLLOWING
HOLIDAYS:
  A. NEW YEAR'S DAY;
  B. LABOR DAY;
  C. MEMORIAL DAY;
  D. COLUMBUS DAY, AFTER NOON;
  E. INDEPENDENCE DAY; AND
  F. VETERAN'S DAY AFTER 1:00 P.M.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13681-02-6

Co-Sponsors

A9488A - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L

A9488A - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9488--A

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. SEPULVEDA, MOSLEY, LAVINE, RIVERA, BLAKE -- read
  once and referred to the Committee on Labor --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the labor law, in relation to  requiring  businesses  to
  pay holiday premium pay on certain federal holidays

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  "HOLIDAY  PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS PREMIUM PAY
AT A RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY  FOR  NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY PREMIUM PAY.  ALL BUSINESSES SHALL PAY HOLIDAY PREMI-
UM  PAY,  AS DEFINED IN SUBDIVISION TEN OF SECTION ONE HUNDRED NINETY OF
THIS ARTICLE, ON THE FOLLOWING HOLIDAYS:
  1. NEW YEAR'S DAY;
  2. LABOR DAY;
  3. MEMORIAL DAY; AND
  4. INDEPENDENCE DAY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13681-03-6

Co-Sponsors

A9488B - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L

A9488B - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9488--B

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. SEPULVEDA, MOSLEY, LAVINE, RIVERA, BLAKE -- read
  once and referred to the Committee on Labor --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the labor law, in relation to requiring employers to pay
  holiday premium pay to certain employees on certain federal holidays

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  "HOLIDAY  PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS PREMIUM PAY
AT A RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY  FOR  NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY PREMIUM PAY.  EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES  WHOSE  RATE OF BASIC PAY IS EQUAL TO THE PAY RATE PURSUANT TO
SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, HOLIDAY PREMIUM PAY,  AS
DEFINED  IN  SUBDIVISION TEN OF SECTION ONE HUNDRED NINETY OF THIS ARTI-
CLE, ON THE FOLLOWING HOLIDAYS:
  1. NEW YEAR'S DAY;
  2. LABOR DAY;
  3. MEMORIAL DAY; AND
  4. INDEPENDENCE DAY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13681-05-6

Co-Sponsors

A9488C - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L

A9488C - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays.

A9488C - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9488--C

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. SEPULVEDA, MOSLEY, LAVINE, RIVERA, BLAKE -- read
  once and referred to the Committee on Labor --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- again  reported  from  said  committee  with  amendments,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported and referred to the Committee on  Rules  --  Rules  Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules

AN ACT to amend the labor law, in relation to requiring employers to pay
  holiday premium pay to certain employees on certain federal holidays

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  "HOLIDAY  PREMIUM PAY" MEANS A RATE OF BASIC PAY PLUS PREMIUM PAY
AT A RATE EQUAL TO ONE-HALF HIS OR HER RATE OF BASIC PAY  FOR  NON-OVER-
TIME HOURS WORKED UP TO EIGHT ON CERTAIN FEDERAL HOLIDAYS.
  S 2. The labor law is amended by adding a new section 191-d to read as
follows:
  S 191-D. HOLIDAY PREMIUM PAY.  EVERY EMPLOYER SHALL PAY TO EACH OF ITS
EMPLOYEES, EXCEPT ANY PERSON EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINIS-
TRATIVE,  OR  PROFESSIONAL CAPACITY WHOSE EARNINGS ARE IN EXCESS OF NINE
HUNDRED DOLLARS A WEEK, HOLIDAY PREMIUM PAY, AS DEFINED  IN  SUBDIVISION
TEN  OF  SECTION  ONE  HUNDRED  NINETY OF THIS ARTICLE, ON THE FOLLOWING
HOLIDAYS:
  1. NEW YEAR'S DAY;
  2. LABOR DAY;
  3. MEMORIAL DAY; AND
  4. INDEPENDENCE DAY.
  S 3. Nothing in this act shall be deemed to diminish the rights, priv-
ileges, or remedies of any  employee  under  any  collective  bargaining
agreement or employment contract.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

assembly Bill A9487

2015-2016 Legislative Session

Provides for patient access to FDA approved abuse-deterrent technology to help combat opioid abuse

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 27, 2016 amend by restoring to original print 9487
Mar 10, 2016 referred to health
May 09, 2016 print number 9487a
amend (t) and recommit to health

Co-Sponsors

Multi-Sponsors

A9487 - Details

Law Section:
Insurance Law
Laws Affected:
Add §§3340 & 3216-a, Ins L

A9487 - Summary

Provides for the substitution of opioid drugs incorporating abuse-deterrent technology for opioid drugs under certain circumstances.

A9487 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9487

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M. of A. CUSICK, SIMANOWITZ, BRINDISI, PEOPLES-STOKES --
  Multi-Sponsored by -- M. of A. LUPARDO -- read once  and  referred  to
  the Committee on Health

AN ACT to amend the public health law and the insurance law, in relation
  to  the  use  of abuse-deterrent technology for opioids as a mechanism
  for reducing abuse and diversion of opioid drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3340 to read as follows:
  S 3340. SUBSTITUTION OF OPIOIDS WITH  ABUSE-DETERRENT  TECHNOLOGY.  1.
(A)  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  SIXTY-EIGHT  HUNDRED
SIXTEEN-A OF THE EDUCATION  LAW,  NO  PHARMACIST  SHALL  INTERCHANGE  OR
SUBSTITUTE  AN  ABUSE-DETERRENT  OPIOID ANALGESIC DRUG PRODUCT, BRAND OR
GENERIC, WITH AN OPIOID ANALGESIC DRUG PRODUCT  LACKING  ABUSE-DETERRENT
PROPERTIES   WHEN   THE  PRESCRIBER  WRITES  OR  ELECTRONICALLY  NOTATES
"DISPENSE AS WRITTEN" OR "DAW" ON THE PRESCRIPTION, WITHOUT OBTAINING  A
NEW PRESCRIPTION FOR A NON-ABUSE DETERRENT OPIOID DRUG FROM THE PRESCRI-
BER. ANY SUBSTITUTABLE OPIOID DRUG PRODUCT SHALL CONTAIN THE SAME OPIOID
ACTIVE  PHARMACEUTICAL  INGREDIENT  AND THE SAME DRUG RELEASE CHARACTER-
ISTICS WITH REGARD TO IMMEDIATE RELEASE, OR EXTENDED RELEASE LONG ACTING
PROPERTIES. A DETERMINATION OF INTERCHANGEABILITY BETWEEN TWO ABUSE-DET-
ERRENT OPIOID ANALGESIC  DRUG  PRODUCTS  SHALL  NOT  REQUIRE  THAT  BOTH
PRODUCTS  INCORPORATE THE SAME METHODS OF ABUSE-DETERRENCE, BUT THAT THE
OPIOID DRUG PRODUCTS HAVE THE SAME LEVEL OF  FDA-APPROVED  ABUSE  DETER-
RENCE LABELING CLAIMS.
  (B)  THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SECTION SHALL NOT APPLY
TO A PHARMACIST DISPENSING MEDICATION IN THE INPATIENT HOSPITAL  SETTING
WHEN THE PRESCRIBED MEDICATION WILL BE ADMINISTERED TO THE PATIENT BY AN
EMPLOYEE OF THE HOSPITAL.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "OPIOID  ANALGESIC DRUG PRODUCT" MEANS A DRUG IN THE OPIOID ANAL-
GESIC DRUG CLASS PRESCRIBED TO TREAT MODERATE TO SEVERE  PAIN  OR  OTHER
CONDITIONS, WHETHER IN IMMEDIATE RELEASE OR EXTENDED RELEASE LONG ACTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

Multi-Sponsors

A9487A - Details

Law Section:
Insurance Law
Laws Affected:
Add §§3340 & 3216-a, Ins L

A9487A - Summary

Provides for the substitution of opioid drugs incorporating abuse-deterrent technology for opioid drugs under certain circumstances.

A9487A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9487--A

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M. of A. CUSICK, SIMANOWITZ, BRINDISI, PEOPLES-STOKES --
  Multi-Sponsored by -- M. of A. LUPARDO -- read once  and  referred  to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the insurance law, in relation to the use of abuse-det-
  errent technology for opioids as a mechanism for  reducing  abuse  and
  diversion of opioid drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3216-a
to read as follows:
  S 3216-A.  ACCESS TO ABUSE-DETERRENT OPIOID MEDICATIONS. (A) AN INSUR-
ANCE CARRIER OR HEALTH PLAN SHALL PROVIDE  COVERAGE  ON  ITS  FORMULARY,
DRUG  LIST  OR  OTHER  LISTS  OF  SIMILAR  CONSTRUCT  FOR  AT  LEAST ONE
ABUSE-DETERRENT OPIOID  ANALGESIC  DRUG  PRODUCT  PER  OPIOID  ANALGESIC
ACTIVE INGREDIENT.
  (1)  COST-SHARING FOR BRAND NAME ABUSE-DETERRENT OPIOID ANALGESIC DRUG
PRODUCTS COVERED PURSUANT TO THIS SECTION SHALL NOT  EXCEED  THE  LOWEST
COST-SHARING  LEVEL  APPLIED  TO  BRAND  NAME NON-ABUSE DETERRENT OPIOID
DRUGS COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (2) COST-SHARING FOR GENERIC  ABUSE-DETERRENT  OPIOID  ANALGESIC  DRUG
PRODUCTS  COVERED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE LOWEST
COST-SHARING LEVEL APPLIED TO GENERIC NON-ABUSE DETERRENT  OPIOID  DRUGS
COVERED UNDER THE APPLICABLE HEALTH PLAN OR POLICY.
  (3)  AN INCREASE IN PATIENT COST-SHARING OR DISINCENTIVES FOR PRESCRI-
BERS OR DISPENSERS SHALL NOT BE ALLOWED TO ACHIEVE COMPLIANCE WITH  THIS
SECTION.
  (B)  ANY  PRIOR-AUTHORIZATION REQUIREMENTS OR OTHER UTILIZATION REVIEW
MEASURES FOR OPIOID ANALGESICS, AND ANY SERVICE  DENIALS  MADE  PURSUANT
THERETO, SHALL NOT REQUIRE USE OF OPIOID ANALGESIC DRUG PRODUCTS WITHOUT
ABUSE-DETERRENT  PROPERTIES  IN  ORDER  TO ACCESS ABUSE-DETERRENT OPIOID
ANALGESIC DRUG PRODUCTS.
  (C) DEFINITIONS. AS USED IN THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14477-02-6