Assembly Bill A9488C

2015-2016 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar

  • 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

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Bill Amendments

co-Sponsors

2015-A9488 - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3514
2019-2020: A8498
2021-2022: A8479

2015-A9488 - Summary

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

2015-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

2015-A9488A - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3514
2019-2020: A8498
2021-2022: A8479

2015-A9488A - Summary

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

2015-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

2015-A9488B - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3514
2019-2020: A8498
2021-2022: A8479

2015-A9488B - Summary

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

2015-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

2015-A9488C (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Amd §190, add §191-d, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3514
2019-2020: A8498
2021-2022: A8479

2015-A9488C (ACTIVE) - Summary

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

2015-A9488C (ACTIVE) - 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.

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