NY State Senate Bill 2019-S8698

Senate Bill S8698

2019-2020 Legislative Session

Relates to ensuring the payment of overtime due and owing for services rendered to combat the COVID-19 pandemic

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Archive: Last Bill Status - In Senate Committee Rules 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
Jul 08, 2020	referred to rules

co-Sponsors

2019-S8698 (ACTIVE) - Details

See Assembly Version of this Bill:: A10819
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Amd §134, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1989, A1105
2023-2024: S1989

2019-S8698 (ACTIVE) - Summary

Ensures the payment of overtime due and owing for services rendered to combat the COVID-19 pandemic.

2019-S8698 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8698

SPONSOR: JACKSON
 
PURPOSE:

The purpose of this legislation is to ensure that overtime payments are
made to workers that perform services during a declared disaster emer-
gency.

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 4 of Section 143 of the Civil Service Law
to ensure that employees in the classified service of performing
services during a declared disaster emergency authorized pursuant to
Section 28 of the Executive Law, the director of the division of budget
shall direct the payment of any overtime compensation due and owing for
services rendered for both mandated and volunteer overtime service at
the employee's normal salary rate or the salary rate for the title or
position in which such overtime services were rendered and reported,
whichever is higher.

Section 2 is the effective date.

 
JUSTIFICATION:

One of the most basic tenets of the American workplace is that all
employees are compensated for all the hours they work. State employees
during the pandemic stepped up consistently to meet the needs of their
fellow New Yorkers caused by COVID-19. It would be a failure of the
state government not to live up to this standard of fairness and decen-
cy, especially during a declared disaster emergency. Therefore, the
Director of the Budget shall direct payment of any overtime compensation
due to either mandated or voluntary overtime at the employee's normal
rate of pay for their title and position in which they served, rendered
at the highest rate of pay and will be in full force and effect on and
after March 7, 2020.

The state's actions affected members of the state's Professional, Scien-
tific and Technical workforce, in particular. These workers are members
of the Public Employees Federation, a state employee union in existence
since 1979. While this refusal to pay appropriate overtime affected many
PEF members in the state Department of Labor, it also affected workers
in other agencies. Many of these workers were only notified of being
paid at a lower rate than expected only after they had already worked
the overtime hours. Other workers were told on short notice to adjust
their schedules to avoid overtime.

These professionals are some of the hidden heroes of the pandemic and
should not face this mistreatment from the state government.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 7, 2020.

2019-S8698 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8698
 
                             I N  S E N A T E
 
                               July 8, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil service  law,  in  relation  to  ensuring  the
   payment  of overtime due and owing for services rendered to combat the
   COVID-19 pandemic
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 4 of section 134 of the civil service law, as
 amended by chapter 87 of the  laws  of  1972,  is  amended  to  read  as
 follows:
   4.  The  director of the budget shall promulgate, and may from time to
 time amend or rescind, rules and regulations for  carrying  into  effect
 the  provisions of this section. Such rules and regulations, among other
 things, may classify  and  define  positions  and  employments  for  the
 purposes of this section, and otherwise provide appropriate formulas for
 determining  overtime  compensation  as herein provided and provide that
 for the purpose of computing  overtime  compensation  pursuant  to  this
 section, members of the state police in any title or individual position
 or  positions shall be considered to have worked a minimum of four hours
 each time they are recalled to  work  overtime  after  having  completed
 their  scheduled  work  period  and left their scheduled work station or
 shall be considered to have worked a minimum of two hours each time they
 are scheduled to return and return to duty  to  work  overtime  for  the
 purpose  of  making  an  appearance  in court in their official capacity
 after having completed their scheduled work period and left their sched-
 uled work station; and provide that for the purpose of  computing  over-
 time  compensation  pursuant  to this section, employees in any title or
 individual position or positions shall be considered to  have  worked  a
 minimum  of  one-half  day  each time they are recalled to work overtime
 after having completed their scheduled work period and left their sched-
 uled work station. Such rules and regulations may exclude any  title  or
 individual  position  or  positions,  when  the  nature  of  the  duties
 performed or the difficulty of maintaining adequate time controls  makes
 it  impracticable to apply to such title or individual position or posi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16870-01-0

 S. 8698                             2
 
 tions the provisions of this section which prescribe  a  work  week  for
 basic  salary  and provide for overtime compensation, PROVIDED, HOWEVER,
 THAT FOR EMPLOYEES IN THE CLASSIFIED SERVICE PERFORMING SERVICES  DURING
 A  DECLARED  DISASTER  EMERGENCY  AUTHORIZED PURSUANT TO SECTION TWENTY-
 EIGHT OF THE EXECUTIVE LAW, THE DIRECTOR OF THE DIVISION OF  THE  BUDGET
 SHALL  DIRECT THE PAYMENT OF ANY OVERTIME COMPENSATION DUE AND OWING FOR
 SERVICES RENDERED FOR BOTH MANDATED AND VOLUNTEER  OVERTIME  SERVICE  AT
 THE  EMPLOYEE'S  NORMAL  SALARY RATE OR THE SALARY RATE FOR THE TITLE OR
 POSITION IN WHICH SUCH OVERTIME SERVICES  WERE  RENDERED  AND  REPORTED,
 WHICHEVER IS HIGHER.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 7, 2020.

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Senate Bill S8698

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Sponsored By

Robert Jackson