NY State Senate Bill 2021-S3978

Senate Bill S3978

2021-2022 Legislative Session

Relates to providing more predictable and stable schedules for employees in low-wage occupations

download bill text pdf

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
Feb 01, 2021	referred to labor

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2021-S3978 (ACTIVE) - Details

See Assembly Version of this Bill:: A461
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7940, A10191
2015-2016: S52, A261
2017-2018: S71, A1518
2019-2020: S476, A312
2023-2024: S2479, A1434

2021-S3978 (ACTIVE) - Summary

Relates to providing more predictable and stable schedules for employees in low-wage occupations.

2021-S3978 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3978

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the labor law, in relation to providing more predictable
and stable schedules for employees in low-wage occupations

 
PURPOSE:

To provide employees in low-wage occupations with predictable and stable
schedules that support workplace flexibility.

 
SUMMARY OF PROVISIONS:

Section I of the bill amends Section 652 of the Labor Law by adding a
new subdivision (7) which provides that an employer shall pay an employ-
ee for at least 4 hours at the basic minimum hourly wage for each day an
employee reports for work as instructed but is given less than four
hours of work. New subsection (7) also provides that an employer shall
pay an employee for at least 4 hours at the basic minimum hourly wage

for each day an employee is instructed to contact their employer, or
wait to be contacted by their employer, less than 24 hours in advance of
the start of a potential work shift to determine whether the employee
must report to work for such shift.

Section II provides a modification of part 142-2.3 of title 12 of the
New York State codes, rules and regulation pursuant to subdivision (7)
of such section that shall become effective sixty days after enactment
into law.

Section III provides protections in the event any provision of this
application thereof to any person, employer, occupation or circumstance
is held invalid.

Section IV sets forth the effective date.

 
JUSTIFICATION:

With the recent reports of low-income employees struggling to maintain a
living wage as they balance their work and personal lives, now more than
ever is the time to implement policies that support workplace stability
and flexibility. Low-income employees, specifically those in the retail
industry, have continually faced challenges in the workplace that end up
taking a toll on their personal lives.

A report released by the Retail Action Project explores the impact
unpredictable work schedules have on workers' lives. Some workers have
described their frustrations of reporting to work as instructed and then
being sent home early, and not receiving any pay for the time they
initially made available. Others describe situations in which their jobs
are compromised because of unpredictable scheduling practices by employ-
ers that interfere with school schedules, child care availability, or
even a second job.

Regardless of the situation, employees deserve protections that will
allow them to maintain balance. This legislation would provide the
necessary changes low-income employees need to build sustainable
careers.
 
LEGISLATIVE HISTORY:

S.0476 of 2019-2020 (Hoylman): Died in Labor

A.0312 of 2019-2020 (Rozic): Died in Labor

S.0071 of 2017-2018 (Hoylman): Died in Labor

A.1518 of 2017-2018 (Rozic): Died in Labor

S.0052-A of 2015-2016 (Hoylman): Died in Labor

A.0261-A of 2015-2016 (Rozic): Died in Labor

S.7940 of 2014 (Hoylman): Died in Rules

A.10191 of 2014 (Rozic): Died in Rules

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become law.

2021-S3978 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3978
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, ADDABBO, BAILEY, COMRIE, KENNEDY, MAYER,
   PARKER, PERSAUD, RAMOS, SEPULVEDA, SERRANO -- 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 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03172-01-1

 S. 3978                             2
 
 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.

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