NY State Senate Bill 2021-S3546

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 30, 2021	referred to labor

2021-S3546 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §168-a, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6854
2019-2020: S2879
2023-2024: S4776

2021-S3546 (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.

2021-S3546 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3546

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.

An employee would be allowed to volunteer or agree to work during the
rest period, provided that an employee was then paid one and a half
times their regular rate of pay.

This legislation shall only apply to an employer with 500 or more full-
time employees nationwide, or an equivalent number of part-time employ-
ees, and to those employers engaged in retail, hospitality, cleaning, or
food service work. An employer would be prohibited from retaliating
against an employee who refuses to work during a rest period, and
violations of this section would be punishable by a civil penalty of
$1,000 for each violation and damages paid to an aggrieved employee of
at least $100, and worth three times any owed payments for work under-
taken during a rest period.

 
JUSTIFICATION:

As the country's economy continues to shift to service-oriented busi-
nesses, the practice of "clopenings" have become more common. A "clopen-
ing" shift is one where an employee works during the close of a busi-
ness, and follows that shift by working during the opening of a
business. These shifts have been used by businesses that cite flexibili-
ty and service, but are strongly detrimental to the health and wellness
of employees. This legislation would restrict the use of "clopenings" by
prohibiting shifts being scheduled during a ten hour rest period follow-
ing a shift. While an employee could consent or volunteer to work during
the rest period, an employer would be required to pay an enhanced wage
rate to compensate for such work.

 
LEGISLATIVE HISTORY:

New Bill

 
BUDGET IMPLICATIONS:

Minor costs to the state for administration of this act, to be offset by
civil penalties generated under this legislation.

 
EFFECTIVE DATE:

2021-S3546 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3546
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 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.
                                                            LBD03194-01-1

 S. 3546                             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.

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Senate Bill S3546

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2021-S3546 (ACTIVE) - Details

2021-S3546 (ACTIVE) - Summary

2021-S3546 (ACTIVE) - Sponsor Memo

2021-S3546 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3546

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Labor Committee

2021-S3546 (ACTIVE) - Details

2021-S3546 (ACTIVE) - Summary

2021-S3546 (ACTIVE) - Sponsor Memo

2021-S3546 (ACTIVE) - Bill Text download pdf

Comments