Bill Text: NY S00476 | 2019-2020 | 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 11-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S00476 Detail]

Download: New_York-2019-S00476-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           476
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens.  HOYLMAN, ADDABBO, BAILEY, COMRIE, KENNEDY, MAYER,
          PARKER, PERSAUD, SEPULVEDA -- 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 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.
    21    §  2. Notwithstanding subdivision 7 of section 652 of the labor law, a
    22  modification of part 142-2.3 of title 12 of the New  York  state  codes,
    23  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.
                                                                   LBD01006-01-9
        S. 476                              2
     1  made by wage order promulgated by the commissioner of  labor  without  a
     2  public  hearing, and without reference to a wage board, and shall become
     3  effective sixty days after the effective date of such subdivision.
     4    §  3.  If any provision of article 19 of the labor law or the applica-
     5  tion thereof to any person, employer, occupation or circumstance is held
     6  invalid, the remainder of  the  article  and  the  application  of  such
     7  provision  to  other  persons,  employees, occupations, or circumstances
     8  shall not be affected thereby.
     9    § 4. This act shall take effect on the one hundred twentieth day after
    10  it shall have become a law.