Bill Text: NY S00071 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 71 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S00071 Detail]

Download: New_York-2017-S00071-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           71
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens. HOYLMAN, ADDABBO, DILAN, KENNEDY, PARKER, PERALTA,
          PERKINS -- 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:
     1    Section 1. Section 652 of the labor law is amended by   adding  a  new
     2  subdivision 7 to read as follows:
     3    7.  An  employer who operates thirty or more establishments nationwide
     4  shall pay an employee:
     5    (a) For at least four hours at the basic minimum hourly wage for  each
     6  day  on  which the employee reports for work under specific instructions
     7  but is given less than four hours of work, except that if the employee's
     8  regularly scheduled shift is less than four hours, such  employee  shall
     9  be  paid  for  the  employee's regularly scheduled hours for that day if
    10  given less than the regularly scheduled hours of work; and
    11    (b) For at least four hours at the basic minimum hourly wage for  each
    12  day  the  employee is given specific instructions to contact the employ-
    13  ee's employer, or wait to be contacted by the employer, less than  twen-
    14  ty-four  hours  in  advance  of the start of the potential work shift to
    15  determine whether the employee must report to work for such shift.
    16    (c) Nothing in this subdivision shall apply to  any  employer  who  is
    17  subject  to a Hospitality Industry Wage Order promulgated by the depart-
    18  ment, unless the employer is also subject to  a  Fast  Food  Wage  Order
    19  promulgated  by  the  department,  as such terms are defined by 18 NYCRR
    20  Part 146.
    21    § 2. Notwithstanding subdivision 7 of section 652 of the labor law,  a
    22  modification  of  part  142-2.3 of title 12 of the New York state codes,
    23  rules and regulations based on subdivision 7 of such  section  shall  be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00515-01-7

        S. 71                               2
     1  made  by  wage  order promulgated by the commissioner of labor without a
     2  public hearing, and without reference to a wage board, and shall  become
     3  effective sixty days after the effective date of such subdivision.
     4    §  3.  If any provision of article 19 of the labor law or the applica-
     5  tion thereof to any person, employer, occupation or circumstance is held
     6  invalid, the remainder of  the  article  and  the  application  of  such
     7  provision  to  other  persons,  employees, occupations, or circumstances
     8  shall not be affected thereby.
     9    § 4. This act shall take effect on the one hundred twentieth day after
    10  it shall have become a law.