S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    461
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. ROZIC, BENEDETTO, BRONSON, BRAUNSTEIN, COLTON,
   DE LA ROSA, FAHY, GOTTFRIED, HYNDMAN, LUPARDO, PICHARDO, STECK, SIMON,
   STIRPE, WALKER, WALLACE, ZEBROWSKI, EPSTEIN,  D. ROSENTHAL,  L. ROSEN-
   THAL,  DARLING,  CRUZ,  FERNANDEZ  --  Multi-Sponsored  by -- M. of A.
   ENGLEBRIGHT, GALEF, GLICK, 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.
                                                            LBD03172-01-1

 A. 461                              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.