NY State Senate Bill 2025-S4912

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2025	referred to labor

co-Sponsors

2025-S4912 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §§224-g & 196-e, Lab L

2025-S4912 (ACTIVE) - Summary

Enacts "the construction reporting pay act"; provides that each laborer, worker or mechanic in the employ of a contractor who by request or permission of an employer reports for work on any day shall be paid no less than four hours at the prevailing rate of wages.

2025-S4912 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4912

SPONSOR: RYAN S
 
TITLE OF BILL:

An act to amend the labor law, in relation to enacting "the construction
reporting pay act"

 
PURPOSE:

This bill seeks to protect construction workers by requiring employers
to provide four hours pay at the employee's regular hourly rate when a
worker comes to a job site and is sent home without cause and two hours
of pay at the same rate if an employee is not given 12 hours' notice by
an employer not to report to work.

 
SUMMARY OF PROVISIONS:

Section 1: short title.

Section 2: sets forth the legislative intent.

Section 3: adds a new section 224-g related to minimum pay requirements
for the construction industry, including all projects where Labor Law
220 applies.

Section 4: adds a new section 196-e related to minimum pay requirements
for the construction industry.

Section 5: effective date.

 
JUSTIFICATION:

In 2017, the Department of Labor promulgated new "Call in Pay" regu-
lations meant to require that employers covered by the New York State
Miscellaneous Wage Order pay a minimum of four hours' pay, or the pay
for the worker's regularly scheduled shift, whichever is less, at the
basic minimum hourly wage. This regulation is intended to prevent the
scheduling of employees for work and then the cancellation of their
shift after they have already reported to work.  This situation creates
hardship for working people who show up for work and are counting on
that pay to pay their bills and support their families. While the
actions taken in 2017 were a step in the right direction, they have
failed to adequately address the prevalence of this issue in the
construction industry. The current Department of Labor rules are an
inadequate deterrent. Minimum wage is far lower than the prevailing rate
or negotiated hourly rate paid on most construction jobs. As a result,
employers can cancel shifts and send workers home-they still save
significant money by paying the amount required pursuant to regulations.
This bill seeks to remedy this situation by requiring that employers in
the construction industry provide four hours pay at the prevailing or
negotiated rate if a worker comes to the job and is sent home, and two
(2) hours pay at that rate if a shift is canceled with less than twelve
(12) hours' notice.

This legislation is about equity and fairness for construction workers
and ensuring that the spirit of the actions taken surrounding call-in
pay in 2017 are upheld.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.

2025-S4912 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4912
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by  Sen. S. RYAN -- 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 enacting "the construction
   reporting pay act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 "the construction reporting pay act".
   § 2. Legislative intent  and  findings.  The  legislature  finds  that
 employees in construction are entitled to the same scheduling, reliabil-
 ity,  and  predictability as other fields of employment. The legislature
 further finds that reliable and predictable  scheduling  will  create  a
 more harmonious relationship between labor and management, leading to an
 overall better and safer working environment.
   § 3. The labor law is amended by adding a new section 224-g to read as
 follows:
   §  224-G.  WAGE  REQUIREMENTS  FOR  REPORTING  AND  SCHEDULING PAY. 1.
 NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  FOR  ANY
 CONSTRUCTION  PROJECTS  COVERED  BY  SECTIONS  TWO  HUNDRED  TWENTY, TWO
 HUNDRED TWENTY-B, TWO HUNDRED TWENTY FOUR-A, TWO HUNDRED TWENTY  FOUR-D,
 TWO HUNDRED TWENTY FOUR-E, TWO HUNDRED TWENTY FOUR-F AS ADDED BY SECTION
 THREE  OF PART TT OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWEN-
 TY-THREE, OR TWO HUNDRED TWENTY FOUR-F AS ADDED BY CHAPTER  TWO  HUNDRED
 SEVENTY-EIGHT  OF  THE  LAWS OF TWO THOUSAND TWENTY-THREE, EACH LABORER,
 WORKER OR MECHANIC IN THE EMPLOY OF  A  CONTRACTOR  WHO  BY  REQUEST  OR
 PERMISSION  OF  AN EMPLOYER REPORTS FOR WORK ON ANY DAY SHALL BE PAID NO
 LESS THAN FOUR HOURS AT THE PREVAILING RATE OF WAGES, INCLUDING  SUPPLE-
 MENTS, AS DEFINED IN THIS ARTICLE FOR THE EMPLOYEE'S REGULARLY SCHEDULED
 CLASSIFICATION OF WORK, HOWEVER, THIS SECTION SHALL NOT BE APPLICABLE IF
 THE  POSTED PREVAILING RATE OF WAGES PROVIDES FOR REPORTING PAY WAGES OR
 BENEFITS GREATER THAN SET FORTH IN THIS SECTION.  PAYMENTS  OWED  TO  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09757-01-5

 S. 4912                             2
 
 EMPLOYEE  PURSUANT  TO  THIS  SECTION SHALL BE DEEMED PREVAILING RATE OF
 WAGES OR SUPPLEMENTS AS DEFINED IN THIS ARTICLE.
   2.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY, EACH
 LABORER, WORKER OR MECHANIC IN THE EMPLOY OF A CONTRACTOR WHO BY REQUEST
 OR PERMISSION OF AN EMPLOYER IS SCHEDULED TO REPORT FOR WORK ON ANY  DAY
 SHALL  BE  PAID FOR TWO HOURS AT THE PREVAILING RATE OF WAGES, INCLUDING
 SUPPLEMENTS, AS DEFINED IN THIS  ARTICLE  FOR  THE  REGULARLY  SCHEDULED
 CLASSIFICATION  OF  WORK  WHEN SUCH SCHEDULED SHIFT IS CANCELLED ON LESS
 THAN TWELVE HOURS' NOTICE TO THE EMPLOYEE.
   § 4. The labor law is amended by adding a new section 196-e to read as
 follows:
   § 196-E. CONSTRUCTION INDUSTRY REPORTING PAY PROVISIONS. 1.   NOTWITH-
 STANDING  ANY  LAW,  RULE  OR  REGULATION  TO  THE CONTRARY, AN EMPLOYEE
 ENGAGED IN CONSTRUCTION, AS DEFINED IN SUBDIVISION ONE OF SECTION  EIGHT
 HUNDRED  SIXTY-ONE-B OF THIS CHAPTER, WHO BY REQUEST OR PERMISSION OF AN
 EMPLOYER REPORTS FOR WORK ON ANY DAY SHALL BE PAID  FOR  AT  LEAST  FOUR
 HOURS, OR THE NUMBER OF HOURS IN THE REGULARLY SCHEDULED SHIFT, WHICHEV-
 ER IS LESS, AT THE EMPLOYEE'S PROMISED HOURLY WAGE.
   2.  NOTWITHSTANDING  ANY  LAW,  RULE OR REGULATION TO THE CONTRARY, AN
 EMPLOYEE ENGAGED IN CONSTRUCTION,  AS  DEFINED  IN  SUBDIVISION  ONE  OF
 SECTION  EIGHT  HUNDRED  SIXTY-ONE-B  OF THIS CHAPTER, WHO BY REQUEST OR
 PERMISSION OF AN EMPLOYER IS SCHEDULED TO REPORT FOR  WORK  ON  ANY  DAY
 SHALL  BE PAID FOR TWO HOURS AT THE EMPLOYEE'S PROMISED HOURLY WAGE WHEN
 SUCH SCHEDULED SHIFT IS CANCELLED ON LESS THAN TWELVE HOURS'  NOTICE  TO
 THE  EMPLOYEE.  PAYMENTS  OWED  TO  AN EMPLOYEE PURSUANT TO THIS SECTION
 SHALL BE DEEMED WAGES AS DEFINED IN THIS ARTICLE.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S4912

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

2025-S4912 (ACTIVE) - Details

2025-S4912 (ACTIVE) - Summary

2025-S4912 (ACTIVE) - Sponsor Memo

2025-S4912 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4912

Share this bill

Sponsored By

Sean M. Ryan

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

Cordell Cleare

Michelle Hinchey

2025-S4912 (ACTIVE) - Details

2025-S4912 (ACTIVE) - Summary

2025-S4912 (ACTIVE) - Sponsor Memo

2025-S4912 (ACTIVE) - Bill Text download pdf

Comments