NY State Senate Bill 2015-S4363A

Senate Bill S4363A

2015-2016 Legislative Session

Requires employers of retail, food service or cleaning employees to give such employees 7 day notice of their work schedule and a months notice of the minimum hours of work

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 19, 2016	print number 4363a
Jan 19, 2016	amend and recommit to labor
Jan 06, 2016	referred to labor
Mar 17, 2015	referred to labor

Bill Amendments

Original

A (Active)

2015-S4363 - Details

See Assembly Version of this Bill:: A9274
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 5 Title 2 §§171 - 176, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S347, A1323
2019-2020: S3346, A315
2021-2022: S468, A450
2023-2024: S2560, A737

2015-S4363 - Summary

Requires employers of retail, food service or cleaning employees to give such employees 7 days' notice of their work schedule and a month's notice of the minimum hours of work; provides a private right of action to employees who are aggrieved by certain violations of such provisions.

2015-S4363 - Sponsor Memo

                                BILL NUMBER:S4363

TITLE OF BILL:  An act to amend the labor law, in relation to employee
work schedules

PURPOSE:

This bill amends the Labor Law by adding a new Title 2 to Article 5 to
create a responsibility upon certain employers to provide employees
with consistent and predictable work schedules.

SUMMARY OF PROVISIONS:

Section 1 creates a new Title 2 to Article 5 of the Labor Law and
includes six subsections pursuant to the new Title. Section 171
defines "employer." "employee."  "retail employee," "food service
employee" and "cleaning employee" for purposes of the Title. Section
172 creates advanced notice requirements whereby an employer covered
by the Title must provide notice of the minimum number of hours the
employee will be assigned on a monthly basis, as well as provide
fourteen days notice to an employee as to their scheduled shift;
Section 172 also includes posting requirements within covered
establishments. Section 173 permits similarly situated employees to
exchange work shifts. Section 174 sets forth prohibitions upon
employers covered by the Title from interfering with the provisions of
the Title and/or retaliating against employees exercising rights

covered by the Title. Section 175 sets forth exceptions to the Title.
Section 176 sets forth enforcement powers of the Department of Labor
in relation to the provisions of the Title.

Section 2 addresses severability of the Title.

Section 3 sets forth the effective date of the Title.

JUSTIFICATION:

This bill increases the ability of low-wage earners to plan important
aspects of their lives, pertaining especially to the provision of
healthcare, childcare and other essential family needs. Employers
routinely construct work schedules that vary wildly from week to week,
as to the days of the week worked and total hours scheduled.  Too
often, work schedules provided 'at the last minute.' result in the
inability of employees to effectively manage childcare and healthcare
needs, resulting in both increased absenteeism from work and in
missing important medical appointments. Some low wage earners are also
confronted with 'work schedules that set forth less hours than
expected, further hampering their ability to effectively provide for
themselves and their families. This bill increases workers'
predictability of income by providing notice of the minimum hours an
employee is expected to be scheduled during a given month. This bill
also alleviates scheduling concerns by giving employees fourteen days
notice of expected work shifts, as well as allowing covered employees
to exchange shifts with similarly situated colleagues.

PRIOR LEGISLATIVE HISTORY:

New bill.


EFFECTIVE DATE:

This act will take effect ninety days after it becomes law.

2015-S4363 - Bill Text download pdf

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

                                  4363

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 17, 2015
                               ___________

Introduced  by  Sen. PERALTA -- 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 employee work schedules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 5 of the labor law is amended by adding a new title
2 to read as follows:
                                 TITLE 2
                          SPECIAL REQUIREMENTS
SECTION 171. DEFINITIONS.
        172. ADVANCED NOTICE REQUIREMENTS.
        173. EXCHANGE OF SHIFTS.
        174. PROHIBITED ACTS.
        175. EXCEPTIONS.
        176. ENFORCEMENT.
  S 171. DEFINITIONS. AS USED IN THIS TITLE:
  1.  "EMPLOYER"  SHALL  MEAN ANY PERSON, CORPORATION, LIMITED LIABILITY
COMPANY, LIMITED LIABILITY PARTNERSHIP OR ASSOCIATION EMPLOYING FIFTY OR
MORE FULL-TIME EMPLOYEES WITHIN THIS STATE OR A PROPORTIONAL  NUMBER  OF
PART-TIME EMPLOYEES, WHO EMPLOYS A RETAIL EMPLOYEE, FOOD SERVICE EMPLOY-
EE OR CLEANING EMPLOYEE.
  2.  "EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED AS A RETAIL EMPLOYEE,
FOOD SERVICE EMPLOYEE OR CLEANING EMPLOYEE BY AN EMPLOYER.
  3. "RETAIL EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN  THE
SALE  OF ITEMS AT A RETAIL STORE ENGAGED IN THE SALE OF ITEMS TO CONSUM-
ERS.
  4. "FOOD SERVICE EMPLOYEE" SHALL MEAN ANY EMPLOYEE  PRIMARILY  ENGAGED
IN  THE  SERVICE  OF FOOD OR BEVERAGE TO GUESTS, PATRONS OR CUSTOMERS IN
THE HOTEL OR RESTAURANT INDUSTRY, INCLUDING BUT  NOT  LIMITED  TO,  WAIT
STAFF,  BARTENDERS,  CAPTAINS  AND  BUSING  PERSONNEL; AND WHO REGULARLY
RECEIVES TIPS FROM SUCH GUESTS, PATRONS OR CUSTOMERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09954-02-5

S. 4363                             2

  5. "CLEANING EMPLOYEE" SHALL MEAN ANY EMPLOYEE  PRIMARILY  ENGAGED  IN
ACTIVITIES INVOLVING CLEANING IN A COMMERCIAL CONTEXT AT A COMMERCIAL OR
RESIDENTIAL  SETTING  INCLUDING,  BUT  NOT  LIMITED TO, JANITORS, MAIDS,
HOUSEKEEPING CLEANERS AND BUILDING CLEANERS.
  S  172. ADVANCED NOTICE REQUIREMENTS. 1. ON OR BEFORE THE FIRST DAY OF
EMPLOYMENT OF A RETAIL  EMPLOYEE,  FOOD  SERVICE  EMPLOYEE  OR  CLEANING
EMPLOYEE,  THE  EMPLOYER  OR  ITS DESIGNEE SHALL INFORM SUCH EMPLOYEE IN
WRITING OF THE EMPLOYEE'S WORK SCHEDULE AND THE MINIMUM NUMBER OF  HOURS
THE EMPLOYEE WILL BE ASSIGNED ON A MONTHLY BASIS.
  2.  ON  OR  BEFORE THE FOURTEENTH DAY AFTER THE EFFECTIVE DATE OF THIS
SECTION AND EVERY FOURTEEN DAYS THEREAFTER, EACH EMPLOYER OR ITS  DESIG-
NEE SHALL PROVIDE EACH EMPLOYEE WITH THE DAYS THAT THE EMPLOYEE HAS BEEN
ASSIGNED TO WORK AND THE HOURS OF WORK ON THOSE DAYS IN WRITING.  SCHED-
ULING  NOTICES  SHALL  ADDITIONALLY  BE POSTED IN A CONSPICUOUS PLACE IN
EVERY WORKPLACE OF THE EMPLOYER  AND  MAY  BE  REQUESTED  BY  ELECTRONIC
MEANS.
  3.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY DURING ANY PERIOD
WHERE REGULAR OPERATIONS OF THE EMPLOYER ARE SUSPENDED AS  A  RESULT  OF
EVENTS BEYOND THE EMPLOYER'S CONTROL.
  S 173. EXCHANGE OF SHIFTS. ANY EMPLOYEES WHO WORK FOR THE SAME EMPLOY-
ER  IN THE SAME OR SUBSTANTIALLY SIMILAR LINE OF WORK MAY MUTUALLY AGREE
TO EXCHANGE WORK SCHEDULES BETWEEN THE TWO EMPLOYEES. FOR ANY CHANGE  OF
SCHEDULE AS A RESULT OF THIS SECTION, THE EMPLOYER SHALL NOT BE REQUIRED
TO  PROVIDE  ANY  NOTICE  TO ANY OTHER EMPLOYEES PURSUANT TO SECTION ONE
HUNDRED SEVENTY-TWO OF THIS TITLE.
  S 174. PROHIBITED ACTS. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO:
  1. INTERFERE WITH, RESTRAIN OR DENY THE EXERCISE  OF,  OR  ATTEMPT  TO
EXERCISE  ANY  RIGHTS  PROVIDED TO AN EMPLOYEE BY THE PROVISIONS OF THIS
TITLE;
  2. DISCHARGE, THREATEN TO  DISCHARGE,  DEMOTE,  SUSPEND,  REDUCE  WORK
HOURS OF OR TAKE ANY OTHER ADVERSE EMPLOYMENT ACTION AGAINST ANY EMPLOY-
EE  WHO  EXERCISES  OR  ATTEMPTS TO EXERCISE ANY RIGHTS PROVIDED BY THIS
TITLE; OR
  3. DISCHARGE OR DISCRIMINATE IN ANY OTHER MANNER AGAINST AN INDIVIDUAL
BECAUSE SUCH INDIVIDUAL HAS FILED ANY CHARGE, INSTITUTED ANY PROCEEDING,
PROVIDED ANY INFORMATION IN CONNECTION WITH AN INVESTIGATION, OR  TESTI-
FIED  OR  IS  ABOUT  TO  TESTIFY  IN  ANY  PROCEEDING AS A RESULT OF THE
PROVISIONS OF THIS TITLE.
  S 175. EXCEPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIB-
ITING OR CONFLICTING WITH ANY PROVISION OF LAW, OBLIGATION OR COLLECTIVE
BARGAINING AGREEMENT THAT IMPOSES INCREASED LEVELS  OF  PROTECTIONS  FOR
EMPLOYEES.
  S  176.  ENFORCEMENT. FOR EACH VIOLATION OF THIS TITLE BY AN EMPLOYER,
THE DEPARTMENT MAY ASSESS A CIVIL PENALTY NOT TO EXCEED FIFTY DOLLARS.
  S 2. Severability. If any clause,  sentence,  paragraph,  section,  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, this judgment shall not affect, impair,  or  invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section, or part of this  act  directly
involved  in  the  controversy  in  which  the  judgment shall have been
rendered.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2015-S4363A (ACTIVE) - Details

See Assembly Version of this Bill:: A9274
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 5 Title 2 §§171 - 176, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S347, A1323
2019-2020: S3346, A315
2021-2022: S468, A450
2023-2024: S2560, A737

2015-S4363A (ACTIVE) - Summary

2015-S4363A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4363A

 TITLE OF BILL :

An act to amend the labor law, in relation to employee work schedules

 PURPOSE :

This bill amends the Labor Law by adding a new Title 2 to Article 5 to
create a responsibility upon certain employers to provide employees
with consistent and predictable work schedules.

 SUMMARY OF PROVISIONS :

Section 1 creates a new Title 2 to Article 5 of the Labor Law and
includes six subsections pursuant to the new Title. Section 171
defines "employer," "employee," "retail employee," "food service
employee" and "cleaning employee" for purposes of the Title. Section
172 creates advanced notice requirements whereby an employer covered
by the Title must provide notice of the minimum number of hours the
employee will be assigned on a monthly basis, as well as provide seven
days notice to an employee as to their scheduled shift; Section 172
also includes posting requirements within covered establishments.
Section 173 permits similarly situated employees to exchange work
shifts. Section 174 sets forth prohibitions upon employers covered by
the Title from interfering with the provisions of the Title and/or

retaliating against employees exercising rights covered by the Title.
Section 175 sets forth exceptions to the Title. Section 176 sets forth
enforcement powers of the Department of Labor, as well as private
causes of action by employees in relation to some provisions of the
Title.

Section 2 addresses severability of the Title.

Section 3 sets forth the effective date of the Title.

 JUSTIFICATION :

This bill increases the ability of low-wage earners to plan important
aspects of their lives, pertaining especially to the provision of
healthcare, childcare and other essential family needs. Employers
routinely construct work schedules that vary wildly from week to week,
as to the days of the week worked and total hours scheduled.  Too
often, work schedules provided 'at the last minute,' result in the
inability of employees to effectively manage childcare and healthcare
needs, resulting in both increased absenteeism from work and in
missing important medical appointments. Some low wage earners are also
confronted with work schedules that set forth less hours than
expected, further hampering their ability to effectively provide for
themselves and their families. This bill increases workers'
predictability of income by providing notice of the minimum hours an
employee is expected to be scheduled during a given month. This bill
also alleviates scheduling concerns by giving employees seven days
notice of expected work shifts, as well as allowing covered employees
to exchange shifts with similarly situated colleagues. While the
Department of Labor holds the power to wage a penalty for each
violation of this Title, employees are further provided with a private
cause of action to enforce provisions relative to monthly expected
hours statements.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 EFFECTIVE DATE :
This act will take effect ninety days after it becomes law.

2015-S4363A (ACTIVE) - Bill Text download pdf

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

                                 4363--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 17, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor  --  recommitted  to
  the  Committee  on  Labor  in accordance 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 employee work schedules

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 5 of the labor law is amended by adding a new title
2 to read as follows:
                                 TITLE 2
                          SPECIAL REQUIREMENTS
SECTION 171. DEFINITIONS.
        172. ADVANCED NOTICE REQUIREMENTS.
        173. EXCHANGE OF SHIFTS.
        174. PROHIBITED ACTS.
        175. EXCEPTIONS.
        176. ENFORCEMENT.
  S 171. DEFINITIONS. AS USED IN THIS TITLE:
  1. "EMPLOYER" SHALL MEAN ANY PERSON,  CORPORATION,  LIMITED  LIABILITY
COMPANY,  LIMITED  LIABILITY  PARTNERSHIP  OR ASSOCIATION EMPLOYING FIVE
HUNDRED OR MORE FULL-TIME EMPLOYEES NATIONWIDE OR A PROPORTIONAL  NUMBER
OF  PART-TIME  EMPLOYEES,  WHO  EMPLOYS  A RETAIL EMPLOYEE, FOOD SERVICE
EMPLOYEE OR CLEANING EMPLOYEE.
  2. "EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED AS A RETAIL  EMPLOYEE,
FOOD SERVICE EMPLOYEE OR CLEANING EMPLOYEE BY AN EMPLOYER.
  3.  "RETAIL EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN THE
SALE OF ITEMS AT A RETAIL STORE ENGAGED IN THE SALE OF ITEMS TO  CONSUM-
ERS.
  4.  "FOOD  SERVICE EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED
IN THE SERVICE OF FOOD OR BEVERAGE TO GUESTS, PATRONS  OR  CUSTOMERS  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09954-03-6

S. 4363--A                          2

THE  HOTEL  OR  RESTAURANT  INDUSTRY, INCLUDING BUT NOT LIMITED TO, WAIT
STAFF, BARTENDERS, CAPTAINS AND  BUSING  PERSONNEL;  AND  WHO  REGULARLY
RECEIVES TIPS FROM SUCH GUESTS, PATRONS OR CUSTOMERS.
  5.  "CLEANING  EMPLOYEE"  SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN
ACTIVITIES INVOLVING CLEANING IN A COMMERCIAL CONTEXT AT A COMMERCIAL OR
RESIDENTIAL SETTING INCLUDING, BUT  NOT  LIMITED  TO,  JANITORS,  MAIDS,
HOUSEKEEPING CLEANERS AND BUILDING CLEANERS.
  S  172. ADVANCED NOTICE REQUIREMENTS. 1. ON OR BEFORE THE FIRST DAY OF
EMPLOYMENT OF A RETAIL  EMPLOYEE,  FOOD  SERVICE  EMPLOYEE  OR  CLEANING
EMPLOYEE,  THE  EMPLOYER  OR  ITS  DESIGNEE SHALL PROVIDE NOTICE TO SUCH
EMPLOYEE IN WRITING OF THE EMPLOYEE'S  WORK  SCHEDULE  AND  THE  MINIMUM
NUMBER  OF  HOURS THE EMPLOYEE WILL BE ASSIGNED ON A MONTHLY BASIS. UPON
THE PROVISIONS OF SUCH NOTICE TO SUCH AN EMPLOYEE, THE EMPLOYER  OR  ITS
DESIGNEE  SHALL  OBTAIN  FROM  THE  EMPLOYEE  A SIGNED AND DATED WRITTEN
ACKNOWLEDGEMENT, IN ENGLISH AND IN THE PRIMARY LANGUAGE OF THE EMPLOYEE,
OF RECEIPT OF THE NOTICE, WHICH THE EMPLOYER SHALL PRESERVE AND MAINTAIN
FOR A PERIOD OF SIX YEARS.
  2. ON OR BEFORE THE SEVENTH DAY  AFTER  THE  EFFECTIVE  DATE  OF  THIS
SECTION  AND  EVERY SEVEN DAYS THEREAFTER, EACH EMPLOYER OR ITS DESIGNEE
SHALL PROVIDE EACH EMPLOYEE WITH THE DAYS THAT  THE  EMPLOYEE  HAS  BEEN
ASSIGNED TO WORK AND THE HOURS OF WORK ON THOSE DAYS IN WRITING.  SCHED-
ULING  NOTICES  SHALL  ADDITIONALLY  BE POSTED IN A CONSPICUOUS PLACE IN
EVERY WORKPLACE OF THE EMPLOYER  AND  MAY  BE  REQUESTED  BY  ELECTRONIC
MEANS.
  3.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY DURING ANY PERIOD
WHERE REGULAR OPERATIONS OF THE EMPLOYER ARE SUSPENDED AS  A  RESULT  OF
EVENTS BEYOND THE EMPLOYER'S CONTROL.
  S 173. EXCHANGE OF SHIFTS. ANY EMPLOYEES WHO WORK FOR THE SAME EMPLOY-
ER  IN THE SAME OR SUBSTANTIALLY SIMILAR LINE OF WORK MAY MUTUALLY AGREE
TO EXCHANGE WORK SCHEDULES BETWEEN THE TWO EMPLOYEES. FOR ANY CHANGE  OF
SCHEDULE AS A RESULT OF THIS SECTION, THE EMPLOYER SHALL NOT BE REQUIRED
TO  PROVIDE  ANY  NOTICE  TO ANY OTHER EMPLOYEES PURSUANT TO SECTION ONE
HUNDRED SEVENTY-TWO OF THIS TITLE.
  S 174. PROHIBITED ACTS. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO:
  1. INTERFERE WITH, RESTRAIN OR DENY THE EXERCISE  OF,  OR  ATTEMPT  TO
EXERCISE  ANY  RIGHTS  PROVIDED TO AN EMPLOYEE BY THE PROVISIONS OF THIS
TITLE;
  2. DISCHARGE, THREATEN TO  DISCHARGE,  DEMOTE,  SUSPEND,  REDUCE  WORK
HOURS OF OR TAKE ANY OTHER ADVERSE EMPLOYMENT ACTION AGAINST ANY EMPLOY-
EE  WHO  EXERCISES  OR  ATTEMPTS TO EXERCISE ANY RIGHTS PROVIDED BY THIS
TITLE; OR
  3. DISCHARGE OR DISCRIMINATE IN ANY OTHER MANNER AGAINST AN INDIVIDUAL
BECAUSE SUCH INDIVIDUAL HAS FILED ANY CHARGE, INSTITUTED ANY PROCEEDING,
PROVIDED ANY INFORMATION IN CONNECTION WITH AN INVESTIGATION, OR  TESTI-
FIED  OR  IS  ABOUT  TO  TESTIFY  IN  ANY  PROCEEDING AS A RESULT OF THE
PROVISIONS OF THIS TITLE.
  S 175. EXCEPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIB-
ITING OR CONFLICTING WITH ANY PROVISION OF LAW, OBLIGATION OR COLLECTIVE
BARGAINING AGREEMENT THAT IMPOSES INCREASED LEVELS  OF  PROTECTIONS  FOR
EMPLOYEES.
  S  176. ENFORCEMENT. 1. FOR EACH VIOLATION OF THIS TITLE BY AN EMPLOY-
ER, THE DEPARTMENT MAY ASSESS  A  CIVIL  PENALTY  NOT  TO  EXCEED  FIFTY
DOLLARS.
  2.  IN  ADDITION TO ANY PENALTY ASSESSED BY THE DEPARTMENT PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, ANY EMPLOYEE, WHO IS NOT PROVIDED  WITH
THE   NOTICE   REQUIRED  BY  SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED

S. 4363--A                          3

SEVENTY-TWO OF THIS TITLE ON HIS OR HER FIRST DAY OF  EMPLOYMENT,  SHALL
HAVE  A  PRIVATE RIGHT OF ACTION AGAINST HIS OR HER EMPLOYER FOR DAMAGES
EQUAL TO FIFTY DOLLARS FOR EACH WORK DAY, AFTER THE FIRST DAY OF EMPLOY-
MENT,  DURING  WHICH  THE  EMPLOYEE  IS  NOT  PROVIDED WITH THE REQUIRED
NOTICE, IN AN AMOUNT IN  THE  AGGREGATE  NOT  TO  EXCEED  FIVE  THOUSAND
DOLLARS, PLUS COURT COSTS AND ATTORNEY'S FEES.
  3.  IN  ADDITION TO ANY PENALTY ASSESSED BY THE DEPARTMENT PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, ANY EMPLOYEE, WHO DURING ANY  MONTH  IS
NOT  SCHEDULED TO WORK THE MINIMUM HOURS OF WORK FOR THE MONTH AS STATED
IN THE NOTICE PROVIDED TO SUCH EMPLOYEE PURSUANT TO SUBDIVISION  ONE  OF
SECTION  ONE  HUNDRED  SEVENTY-TWO  OF  THIS TITLE, SHALL HAVE A PRIVATE
RIGHT OF ACTION AGAINST HIS OR HER EMPLOYER FOR  DAMAGES  EQUAL  TO  THE
EMPLOYEE'S  HOURLY  PAY  RATE MULTIPLIED BY THE NUMBER OF HOURS WHICH IS
THE RESULT OF SUBTRACTING THE HOURS THE EMPLOYEE ACTUALLY WORKED  DURING
THE MONTH FROM SUCH EMPLOYEE'S STATED MINIMUM HOURS OF WORK FOR A MONTH,
PLUS COURT COSTS AND ATTORNEY'S FEES.
  S  2.  Severability.  If  any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to  be invalid, this judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence, paragraph, section, or part of this act directly
involved in the controversy  in  which  the  judgment  shall  have  been
rendered.
  S  3.  This  act shall take effect on the ninetieth 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.