NY State Senate Bill 2015-S52A

Senate Bill S52A

2015-2016 Legislative Session

Relates to providing more predictable and stable schedules for employees in low-wage occupations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2016	print number 52a
Jan 07, 2016	amend and recommit to labor
Jan 06, 2016	referred to labor
Jan 07, 2015	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S52 - Details

See Assembly Version of this Bill:: A261
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7940, A10191
2017-2018: S71, A1518
2019-2020: S476, A312
2021-2022: S3978, A461
2023-2024: S2479, A1434

2015-S52 - Summary

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

2015-S52 - Sponsor Memo

                                 BILL NUMBER:  S52

 TITLE OF BILL :  An act to amend the labor law, in relation to
providing more predictable and stable schedules for employees in
low-wage occupations

 PURPOSE :

To provide employees in low-wage occupations with predictable and
stable schedules that support workplace flexibility.

 SUMMARY OF PROVISIONS :

Section I of the bill amends Section 652 of the Labor Law by adding a
new subdivision (7) which provides that an employer shall pay an
employee for at least 4 hours at the basic minimum hourly wage for
each day an employee reports for work as instructed but is given less
than four hours of work. New subsection (7) also provides that an
employer shall pay an employee for at least 4 hours at the basic
minimum hourly wage for each day an employee is instructed to contact
their employer, or wait to be contacted by their employer, less than
24 hours in advance of the start of a potential work shift to
determine whether the employee must report to work for such shift.

Section II provides a modification of part 142-2.3 of title 12 of the
New York State codes, rules and regulation pursuant to subdivision (7)

of such section that shall become effective sixty days after enactment
into law.

Section III provides protections in the event any provision of this
application thereof to any person, employer, occupation or
circumstance is held invalid.

Section IV sets forth the effective date.

 JUSTIFICATION :

With the recent reports of low-income employees struggling to maintain
a living wage as they balance their work and personal lives, now more
than ever is the time to implement policies that support workplace
stability and flexibility. Low-income employees, specifically those in
the retail industry, have continually faced challenges in the
workplace that end up taking a toll on their personal lives.

A report released by the Retail Action Project explores the impact
unpredictable work schedules have on workers' lives. Some workers have
described their frustrations of reporting to work as instructed and
then being sent home early, and not receiving any pay for the time
they initially made available. Others describe situations in which
their jobs are compromised because of unpredictable scheduling
practices by employers that interfere with school schedules, child
care availability, or even a second job.

Regardless of the situation, employees deserve protections that will
allow them to maintain balance. This legislation would provide the
necessary changes low-income employees need to build sustainable
careers.

 LEGISLATIVE HISTORY :

S.7940 of 2014 (Hoylman): Died in Rules
A.10191 of 2014 (Rozic): Died in Rules

 FISCAL IMPACT ON THE STATE :

None.
 EFFECTIVE DATE :
This act shall take effect on the one hundred and twentieth day after
it shall have become law.

2015-S52 - Bill Text download pdf

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

                                   52

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. HOYLMAN, KENNEDY, PARKER, PERALTA, PERKINS -- 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:

  Section 1. Section 652 of the labor law is amended by   adding  a  new
subdivision 7 to read as follows:
  7. AN EMPLOYER SHALL PAY AN EMPLOYEE:
  (A)  FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR EACH
DAY ON WHICH THE EMPLOYEE REPORTS FOR WORK UNDER  SPECIFIC  INSTRUCTIONS
BUT IS GIVEN LESS THAN FOUR HOURS OF WORK, EXCEPT THAT IF THE EMPLOYEE'S
REGULARLY  SCHEDULED  SHIFT IS LESS THAN FOUR HOURS, SUCH EMPLOYEE SHALL
BE PAID FOR THE EMPLOYEE'S REGULARLY SCHEDULED HOURS  FOR  THAT  DAY  IF
GIVEN LESS THAN THE REGULARLY SCHEDULED HOURS OF WORK; AND
  (B)  FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR EACH
DAY THE EMPLOYEE IS GIVEN SPECIFIC INSTRUCTIONS TO CONTACT  THE  EMPLOY-
EE'S  EMPLOYER, OR WAIT TO BE CONTACTED BY THE EMPLOYER, LESS THAN TWEN-
TY-FOUR HOURS IN ADVANCE OF THE START OF THE  POTENTIAL  WORK  SHIFT  TO
DETERMINE WHETHER THE EMPLOYEE MUST REPORT TO WORK FOR SUCH SHIFT.
  S  2. Notwithstanding subdivision 7 of section 652 of the labor law, a
modification of part 142-2.3 of title 12 of the New  York  state  codes,
rules and regulations pursuant to subdivision 7 of such section shall be
made  by  wage  order promulgated by the commissioner of labor without a
public hearing, and without reference to a wage board, and shall  become
effective sixty days after the effective date of such section.
  S  3.  If any provision of article 19 of the labor law or the applica-
tion thereof to any person, employer, occupation or circumstance is held
invalid, the remainder of  the  article  and  the  application  of  such

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

                                                           LBD01498-01-5

S. 52                               2

provision  to  other  persons,  employees, occupations, or circumstances
shall not be affected thereby.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S52A (ACTIVE) - Details

See Assembly Version of this Bill:: A261
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7940, A10191
2017-2018: S71, A1518
2019-2020: S476, A312
2021-2022: S3978, A461
2023-2024: S2479, A1434

2015-S52A (ACTIVE) - Summary

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

2015-S52A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S52A

 TITLE OF BILL :  An act to amend the labor law, in relation to
providing more predictable and stable schedules for employees in
low-wage occupations

 PURPOSE :  To provide employees in low-wage occupations with
predictable and stable schedules that support workplace flexibility.

 SUMMARY OF PROVISIONS :

Section I of the bill amends Section 652 of the Labor Law by adding a
new subdivision (7) which provides that an employer shall pay an
employee for at least 4 hours at the basic minimum hourly wage for
each day an employee reports for work as instructed but is given less
than four hours of work. New subsection (7) also provides that an
employer shall pay an employee for at least 4 hours at the basic
minimum hourly wage for each day an employee is instructed to contact
their employer, or wait to be contacted by their employer, less than
24 hours in advance of the start of a potential work shift to
determine whether the employee must report to work for such shift.

Section II provides a modification of part 142-2.3 of title 12 of the
New York State codes, rules and regulation pursuant to subdivision (7)
of such section that shall become effective sixty days after enactment
into law.

Section III provides protections in the event any provision of this
application thereof to any person, employer, occupation or
circumstance is held invalid.

Section IV sets forth the effective date.

 JUSTIFICATION :  With the recent reports of low-income employees
struggling to maintain a living wage as they balance their work and
personal lives, now more than ever is the time to implement policies
that support workplace stability and flexibility. Low-income
employees, specifically those in the retail industry, have continually
faced challenges in the workplace that end up taking a toll on their
personal lives.

A report released by the Retail Action Project explores the impact
unpredictable work schedules have on workers' lives. Some workers have
described their frustrations of reporting to work as instructed and
then being sent home early, and not receiving any pay for the time
they initially made available. Others describe situations in which
their jobs are compromised because of unpredictable scheduling
practices by employers that interfere with school schedules, child
care availability, or even a second job.

Regardless of the situation, employees deserve protections that will
allow them to maintain balance. This legislation would provide the
necessary changes low-income employees need to build sustainable
careers.

 LEGISLATIVE HISTORY :  S.7940 of 2014 (Hoylman): Died in Rules
A.10191 of 2014 (Rozic): Died in Rules

 FISCAL IMPACT ON THE STATE : None.

 EFFECTIVE DATE :  This act shall take effect on the one hundred and
twentieth day after it shall have become law.

2015-S52A (ACTIVE) - Bill Text download pdf

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

                                  52--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. HOYLMAN, KENNEDY, PARKER, PERALTA, PERKINS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Labor -- recommitted to the Committee on Labor in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section 1. Section 652 of the labor law is amended by   adding  a  new
subdivision 7 to read as follows:
  7.  AN  EMPLOYER WHO OPERATES THIRTY OR MORE ESTABLISHMENTS NATIONWIDE
SHALL PAY AN EMPLOYEE:
  (A) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
DAY  ON  WHICH THE EMPLOYEE REPORTS FOR WORK UNDER SPECIFIC INSTRUCTIONS
BUT IS GIVEN LESS THAN FOUR HOURS OF WORK, EXCEPT THAT IF THE EMPLOYEE'S
REGULARLY SCHEDULED SHIFT IS LESS THAN FOUR HOURS, SUCH  EMPLOYEE  SHALL
BE  PAID  FOR  THE  EMPLOYEE'S REGULARLY SCHEDULED HOURS FOR THAT DAY IF
GIVEN LESS THAN THE REGULARLY SCHEDULED HOURS OF WORK; AND
  (B) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
DAY  THE  EMPLOYEE IS GIVEN SPECIFIC INSTRUCTIONS TO CONTACT THE EMPLOY-
EE'S EMPLOYER, OR WAIT TO BE CONTACTED BY THE EMPLOYER, LESS THAN  TWEN-
TY-FOUR  HOURS  IN  ADVANCE  OF THE START OF THE POTENTIAL WORK SHIFT TO
DETERMINE WHETHER THE EMPLOYEE MUST REPORT TO WORK FOR SUCH SHIFT.
  (C) NOTHING IN THIS SUBDIVISION SHALL APPLY TO  ANY  EMPLOYER  WHO  IS
SUBJECT  TO A HOSPITALITY INDUSTRY WAGE ORDER PROMULGATED BY THE DEPART-
MENT, UNLESS THE EMPLOYER IS ALSO SUBJECT TO  A  FAST  FOOD  WAGE  ORDER
PROMULGATED  BY  THE  DEPARTMENT,  AS SUCH TERMS ARE DEFINED BY 18 NYCRR
PART 146.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01498-04-5

S. 52--A                            2

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S52A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2015-S52 - Details

2015-S52 - Summary

2015-S52 - Sponsor Memo

2015-S52 - Bill Text download pdf

co-Sponsors

2015-S52A (ACTIVE) - Details

2015-S52A (ACTIVE) - Summary

2015-S52A (ACTIVE) - Sponsor Memo

2015-S52A (ACTIVE) - Bill Text download pdf

Comments