S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    312
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC, ARROYO, BLAKE, BENEDETTO, BRONSON, BRAUN-
   STEIN, COLTON, CRESPO, D'URSO, DE LA ROSA, FAHY,  GOTTFRIED,  HYNDMAN,
   LUPARDO,  M. G. MILLER, PICHARDO, STECK, SIMON, SIMOTAS, STIRPE, WALK-
   ER, WALLACE, ZEBROWSKI -- Multi-Sponsored by -- M. of A.  ENGLEBRIGHT,
   GALEF,  GLICK, LENTOL, MOSLEY, RAMOS, RODRIGUEZ, SEAWRIGHT, SOLAGES --
   read once and referred 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 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.
                                                            LBD01006-01-9

 A. 312                              2
 
   §  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.
   § 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.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.