Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 28, 2014 |
print number 8016b |
Feb 28, 2014 |
amend (t) and recommit to labor |
Jan 08, 2014 |
referred to labor |
Jun 19, 2013 |
print number 8016a |
Jun 19, 2013 |
amend (t) and recommit to labor |
Jun 14, 2013 |
referred to labor |
Assembly Bill A8016B
2013-2014 Legislative Session
Sponsored By
HEASTIE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2013-A8016 - Details
- See Senate Version of this Bill:
- S5792
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §196-e, Lab L
2013-A8016 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8016 2013-2014 Regular Sessions I N A S S E M B L Y June 14, 2013 ___________ Introduced by M. of A. HEASTIE -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to the number of hours employees may work in certain retail and service establishments 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 196-e to read as follows: S 196-E. WORKWEEK HOURS IN CERTAIN RETAIL OR SERVICE ESTABLISHMENTS. NO EMPLOYER SHALL BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE, REGU- LATION OR ORDER BY EMPLOYING ANY EMPLOYEE OF A RETAIL OR SERVICE ESTAB- LISHMENT FOR A WORKWEEK IN EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF: (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF ONE AND ONE-HALF TIMES THE MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION FOR A REPRESENTATIVE PERIOD, WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMMISSIONS ON GOODS OR SERVICES. IN DETERMINING THE PROPORTION OF COMPENSATION REPRESENTING COMMISSIONS, ALL EARNINGS RESULTING FROM THE APPLICATION OF A BONA FIDE COMMISSION RATE SHALL BE DEEMED COMMISSIONS ON GOODS OR SERVICES WITHOUT REGARD TO WHETHER THE COMPUTED COMMISSIONS EXCEED THE DRAW OR GUARANTEE. S 2. This act shall take effect immediately, provided, however, that this act shall be deemed to have been in full force and effect with respect to any employers who paid overtime pursuant to a collective bargaining agreement in existence prior to the date on which this act shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11508-02-3
2013-A8016A - Details
- See Senate Version of this Bill:
- S5792
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §196-e, Lab L
2013-A8016A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8016--A 2013-2014 Regular Sessions I N A S S E M B L Y June 14, 2013 ___________ Introduced by M. of A. HEASTIE -- read once and referred to the Commit- tee 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 the number of hours employees may work in certain hospitality establishments 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 196-e to read as follows: S 196-E. WORKWEEK HOURS IN CERTAIN HOSPITALITY ESTABLISHMENTS. NO EMPLOYER SHALL BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE, REGULATION OR ORDER BY EMPLOYING ANY EMPLOYEE OF A HOSPITALITY ESTABLISHMENT FOR A WORKWEEK IN EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF: (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF ONE AND ONE-HALF TIMES THE MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION FOR A REPRESENTATIVE PERIOD, WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMMISSIONS ON GOODS OR SERVICES. IN DETERMINING THE PROPORTION OF COMPENSATION REPRESENTING COMMISSIONS, ALL EARNINGS RESULTING FROM THE APPLICATION OF A BONA FIDE COMMISSION RATE SHALL BE DEEMED COMMISSIONS ON GOODS OR SERVICES WITHOUT REGARD TO WHETHER THE COMPUTED COMMISSIONS EXCEED THE DRAW OR GUARANTEE. S 2. This act shall take effect immediately, provided, however, that this act shall be deemed to have been in full force and effect with respect to any employer who paid overtime prior to the effective date of this act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11508-06-3
2013-A8016B (ACTIVE) - Details
- See Senate Version of this Bill:
- S5792
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §196-e, Lab L
2013-A8016B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8016--B 2013-2014 Regular Sessions I N A S S E M B L Y June 14, 2013 ___________ Introduced by M. of A. HEASTIE -- read once and referred to the Commit- tee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to the number of hours employees may work in the hospitality industry 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 196-e to read as follows: S 196-E. WORKWEEK HOURS IN THE HOSPITALITY INDUSTRY. NO EMPLOYER SHALL BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE, REGULATION OR ORDER BY EMPLOYING ANY EMPLOYEE IN THE HOSPITALITY INDUSTRY FOR A WORKWEEK IN EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF: (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF TWICE THE STATUTORY MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION FOR A REPRESENTATIVE PERIOD, WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMPENSATION FROM SERVICE CHARGES, MANDATORY GRATUITY ON GOODS OR SERVICES. S 2. This act shall take effect immediately, provided, however, that this act shall be deemed to have been in full force and effect with respect to any employee in the hospitality industry who received compen- sation consistent with section 196-e of the labor law, as added by section one of this act, prior to the effective date of this act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11508-08-4
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