NY State Senate Bill 2017-S8436

Senate Bill S8436

2017-2018 Legislative Session

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

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2018	referred to labor

2017-S8436 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §190, add §191-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1703
2021-2022: S578

2017-S8436 (ACTIVE) - Summary

Relates to requiring employers to pay holiday premium pay to certain employees on certain federal holidays including New Year's Day, Labor Day, Memorial Day and Independence Day.

2017-S8436 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8436

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring employers to pay
holiday premium pay to certain employees on certain federal holidays

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require employers pay holiday premium pay to employees
that are required to work on certain federal holidays.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Defines "holiday premium pay" as the rate of basic pay plus
premium pay which is equal to one-half of the employee's rate of basic
pay for non-overtime hours worked up to 8 hours on certain federal holi-
days.

Section 2: The labor law will be amended to add a new section 191-d that

would require all employers pay to their employees, except those employ-
ees who are bona fide executives, administrators, or professionals and
whose earnings are greater than $900/wk., holiday premium pay on the
following enumerated holidays:

a) New Year's Day;
b) Labor Day;
c) Memorial Day; and
d) Independence day.

Section 3: Provides that nothing in this act shall impede upon the
rights or privileges granted to an employee through a collective
bargaining agreement or employment contract.

Section 4: The effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

N/A

 
JUSTIFICATION:

It is important that New York remain one of the leaders in providing an
inclusive and equitable workforce for employees across the state.  By
providing holiday pay for certain employees it creates an incentive to
encourage workers to sacrifice their day off to help our businesses stay
open and serve consumers. Most employers currently have a length of
service requirement before holiday pay is paid. This would eliminate
that requirement and put New York on par with Massachusetts and Rhode
Island who already have similar laws.

 
LEGISLATIVE HISTORY:

2016: A9488 - Ordered to third reading rules cal.401

 
FISCAL IMPLICATION:

None
 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall become a law.

2017-S8436 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8436
 
                             I N  S E N A T E
 
                                May 7, 2018
                                ___________
 
 Introduced by Sen. 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 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.
   § 2. The labor law is amended by adding a new section 191-d to read as
 follows:
   § 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.
   § 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.
   § 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.
                                                            LBD08069-01-7

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