BILL NUMBER: S1911

SPONSOR: FUNKE
 
TITLE OF BILL:

An act directing the empire state development corporation to study a
proposed rule of the department of labor prior to its adoption

 
PURPOSE:

To delay the implementation of the NYS Department of Labor employee call
in regulations until completion of a study conducted by Empire State
Development Corporation.

 
SUMMARY OF PROVISIONS:

Section 1: establishes the legislative intent.

Section 2: Delays the implementation of the November 22, 2017 NYS
Department of Labor employee call-in pay requirements until at least 90
days after completion of a study on the potential impact conducted by
              

Empire State Development Corporation.

Section 3: Outlined the framework of the study to be conducted.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

On November 22, 2017 the NYS Department of Labor released regulations in
relation to employee scheduling. Since that time businesses across many
industries such as agriculture, outdoor seasonal work, amusement parks,
grocery stores and others have expressed their opposition to this undue
burden.

The senate standing committee on commerce, economic development and
small business, together with the senate administrative regulations
review commission, conducted a public hearing on the New York state
department of labor proposed rule making on employee scheduling (call-in
pay). The testimony received by the committees raised questions concern-
ing whether the data upon which the conclusions reached by the depart-
ment of labor's regulatory impact statement considered all the appropri-
ate information, particularly on job impact, and was consistent with the
objectives of SAPA. Based on the information presented at the hearing,
an additional evaluation of the proposed regulation would be appropriate
prior to implementation of such regulation to ensure the objectives of
SAPA are met.

In particular, industries dependent on weather such as the carwash
industry would be negatively impacted. These businesses may need to
adjust their hours based on factors they cannot control, and thus adjust
employee's schedules to reflect the necessary changes.  Employers that
have employees on hourly wages would be hit the hardest. If an employee
were to call in sick, the employer would be held responsible for this
schedule change. Though this occurs at no fault to the employer, the
schedule change would result in a financial penalty to the business
owner.


Furthermore, these regulations were released with little to no data
available indicating that these regulations were even necessary. In
fact, a report released in early 2017 by Gallup demonstrated that even
those individuals this regulation is intended to help don't want or need
it. One in six employees' works in a non-salaried job where the hours
vary week to week and of those, just over half said they preferred vari-
able scheduling. Two-thirds said variable scheduling did not impose a
financial hardship. This bill would slow the implementation of this
burdensome regulation until such time as a report is completed and more
information on the necessity of such regulation, or lack thereof, is
available.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.