NY State Senate Bill 2023-S1989

Senate Bill S1989

2023-2024 Legislative Session

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

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Current Bill Status - In Senate Committee Civil Service And Pensions 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 03, 2024	referred to civil service and pensions
Jan 18, 2023	referred to civil service and pensions

co-Sponsors

2023-S1989 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §134, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8698
2021-2022: S1989

2023-S1989 (ACTIVE) - Summary

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

2023-S1989 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1989

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
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 134 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 (PEF), 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:
2021-2022: S.1989 - Referred to Civil Service and Pensions/A.11105 -
Referred to Governmental Employees

2019-2020: S.8698 - Referred to Rules/A.10819 - Referred to Governmental
Employees

 
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.

2023-S1989 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1989
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON,  HARCKHAM,  HOYLMAN-SIGAL, RAMOS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Civil Service and Pensions
 
 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05379-01-3

 S. 1989                             2
 
 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-
 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 S1989

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Sponsored By

Robert Jackson