Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to labor |
Jan 30, 2019 |
referred to labor |
Senate Bill S2879
2019-2020 Legislative Session
Sponsored By
(D) 10th Senate District
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
Actions
2019-S2879 (ACTIVE) - Details
2019-S2879 (ACTIVE) - Summary
Relates to providing for rest between work shifts; prohibits the scheduling of an employee to work the first ten hours following the end of the previous calendar day's work shift or on-call shift or the first ten hours following the end of a work shift or on-call shift that spanned two calendar days unless an employee consents or volunteers, in which case the employee shall be paid one and one-half times the regular rate of pay.
2019-S2879 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2879 SPONSOR: SANDERS TITLE OF BILL: An act to amend the labor law, in relation to providing for rest between work shifts PURPOSE: To prohibit the use of "clopenings", or scheduling an employee to work an opening shift immediately following an opening shift on current or the same days, unless an employee consents or volunteers, in which case the employee shall be paid one and a half times the regular rate of pay. SUMMARY OF PROVISIONS: This legislation would prohibit an employee from working during a rest period, defined as ten hours following the end of a previous calendar day's work shift or ten hours following the end of a shift that spanned two calendar days. The rest period would also apply to an on-call shift.
2019-S2879 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2879 2019-2020 Regular Sessions I N S E N A T E January 30, 2019 ___________ Introduced by Sen. SANDERS -- 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 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
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