S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    325
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to providing for rest between
   work shifts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 168-a to
 read as follows:
   § 168-A. RIGHT TO REST BETWEEN WORK SHIFTS. 1.  AN  EMPLOYER  MAY  NOT
 SCHEDULE  OR REQUIRE AN EMPLOYEE TO WORK DURING THE FOLLOWING REST PERI-
 ODS:
   A. THE FIRST TEN HOURS FOLLOWING THE  END  OF  THE  PREVIOUS  CALENDAR
 DAY'S WORK SHIFT OR ON-CALL SHIFT; OR
   B.  THE  FIRST  TEN HOURS FOLLOWING THE END OF A WORK SHIFT OR ON-CALL
 SHIFT THAT SPANNED TWO CALENDAR DAYS.
   2. AN EMPLOYEE MAY REQUEST OR CONSENT TO WORK DURING  HOURS  OTHERWISE
 PROHIBITED  UNDER  SUBDIVISION  ONE  OF  THIS SECTION. AN EMPLOYER SHALL
 COMPENSATE AN EMPLOYEE FOR EACH HOUR OR  PORTION  OF  AN  HOUR  THAT  AN
 EMPLOYEE  WORKS  DURING  A  REST  PERIOD  AT  ONE AND ONE-HALF TIMES THE
 EMPLOYEE'S REGULAR RATE OF PAY.
   3. THIS SECTION SHALL APPLY ONLY TO AN EMPLOYER WHO IS DEEMED TO BE  A
 PERSON,  CORPORATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PART-
 NERSHIP, OR ASSOCIATION EMPLOYING FIVE HUNDRED OR MORE FULL-TIME EMPLOY-
 EES NATIONWIDE OR A PROPORTIONAL NUMBER OF PART-TIME EMPLOYEES, AND  WHO
 PROVIDES  SERVICES  IN  THE RETAIL TRADE SECTOR, OR PROVIDES HOSPITALITY
 SERVICE, HOUSEKEEPING OR CLEANING SERVICES, OR  ACCOMMODATION  AND  FOOD
 SERVICES,  AS  SUCH  TERMS ARE DEFINED UNDER THE NORTH AMERICAN INDUSTRY
 CLASSIFICATION SYSTEM, EXCEPT IN THE CASE  OF  HOSPITALITY  SERVICE,  IN
 WHICH  CASE SUCH TERM SHALL HAVE THE SAME MEANING AS THE DEFINITION OF A
 HOTEL AND MOTEL UNDER THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01168-01-9

 A. 325                              2
 
   4. IT SHALL BE AN UNLAWFUL PRACTICE FOR AN EMPLOYER TO RETALIATE OR IN
 ANY WAY DISCRIMINATE AGAINST AN INDIVIDUAL WITH RESPECT TO ANY  TERM  OR
 CONDITION  OF  EMPLOYMENT  OR  THREATEN  SUCH  ACTION DUE TO AN EMPLOYEE
 REJECTING A REQUEST BY AN EMPLOYER TO  WORK  DURING  A  PRESCRIBED  REST
 PERIOD.
   5.  ANY EMPLOYER WHO VIOLATES THIS SECTION SHALL FORFEIT TO THE PEOPLE
 OF THE STATE THE SUM OF ONE THOUSAND DOLLARS FOR EACH VIOLATION,  TO  BE
 RECOVERED  BY  THE COMMISSIONER IN ANY LEGAL ACTION NECESSARY, AND SHALL
 PAY TO THE AGGRIEVED EMPLOYEE DAMAGES OF AN AMOUNT EQUIVALENT  TO  THREE
 TIMES  THE  VALUE  OF  OWED WAGES FOR SHIFTS WORKED IN VIOLATION OF THIS
 SECTION, OR AT LEAST ONE HUNDRED DOLLARS FOR  EACH  WORK  DAY  THAT  THE
 VIOLATION OCCURRED OR CONTINUED TO OCCUR.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.