Bill Text: NY A00461 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to providing more predictable and stable schedules for employees in low-wage occupations.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A00461 Detail]

Download: New_York-2021-A00461-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           461

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of A. ROZIC, BENEDETTO, BRONSON, BRAUNSTEIN, COLTON,
          DE LA ROSA, FAHY, GOTTFRIED, HYNDMAN, LUPARDO, PICHARDO, STECK, SIMON,
          STIRPE, WALKER, WALLACE, ZEBROWSKI, EPSTEIN,  D. ROSENTHAL,  L. ROSEN-
          THAL,  DARLING,  CRUZ,  FERNANDEZ  --  Multi-Sponsored  by -- M. of A.
          ENGLEBRIGHT, GALEF, GLICK, RAMOS,  RODRIGUEZ,  SEAWRIGHT,  SOLAGES  --
          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:

     1    Section 1. Section 652 of the labor law is amended by   adding  a  new
     2  subdivision 7 to read as follows:
     3    7.  An  employer who operates thirty or more establishments nationwide
     4  shall pay an employee:
     5    (a) For at least four hours at the basic minimum hourly wage for  each
     6  day  on  which the employee reports for work under specific instructions
     7  but is given less than four hours of work, except that if the employee's
     8  regularly scheduled shift is less than four hours, such  employee  shall
     9  be  paid  for  the  employee's regularly scheduled hours for that day if
    10  given less than the regularly scheduled hours of work; and
    11    (b) For at least four hours at the basic minimum hourly wage for  each
    12  day  the  employee is given specific instructions to contact the employ-
    13  ee's employer, or wait to be contacted by the employer, less than  twen-
    14  ty-four  hours  in  advance  of the start of the potential work shift to
    15  determine whether the employee must report to work for such shift.
    16    (c) Nothing in this subdivision shall apply to  any  employer  who  is
    17  subject  to a Hospitality Industry Wage Order promulgated by the depart-
    18  ment, unless the employer is also subject to  a  Fast  Food  Wage  Order
    19  promulgated  by  the  department,  as such terms are defined by 18 NYCRR
    20  Part 146.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03172-01-1
        A. 461                              2

     1    § 2. Notwithstanding subdivision 7 of section 652 of the labor law,  a
     2  modification  of  part  142-2.3 of title 12 of the New York state codes,
     3  rules and regulations based on subdivision 7 of such  section  shall  be
     4  made  by  wage  order promulgated by the commissioner of labor without a
     5  public  hearing, and without reference to a wage board, and shall become
     6  effective sixty days after the effective date of such subdivision.
     7    § 3. If any provision of article 19 of the labor law or  the  applica-
     8  tion thereof to any person, employer, occupation or circumstance is held
     9  invalid,  the  remainder  of  the  article  and  the application of such
    10  provision to other persons,  employees,  occupations,  or  circumstances
    11  shall not be affected thereby.
    12    § 4. This act shall take effect on the one hundred twentieth day after
    13  it shall have become a law.