NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1000A
SPONSOR: Steck TITLE OF BILL:
An act to amend the labor law, in relation to split shifts and minimum
wage
PURPOSE OR GENERAL IDEA OF BILL: To discourage unduly long split
shifts or to compensate employees for same.
SUMMARY OF PROVISIONS:
The bill provides for the payment of not less than the minimum wage for
all time past one hour in which an employee is working a split shift.
JUSTIFICATION:.
A split shift is a situation where an employee works a certain number of
hours separated by a long break and then must return later in the day to
complete his or her workday. It is unreasonable to keep the employee
under the employer's control without pay for periods of time in excess
of one hour. The Department of Labor has interpreted the minimum wage
law so that all hours worked are averaged and if the result is over the
minimum wage, then lack of pay for 3 hours between the split shift, for
example, would not be compensated. The bill corrects that unreasonable
interpretation of law.
PRIOR LEGISLATIVE HISTORY:
2023/24: A4357 referred to labor
2021/22: A3053 referred to labor
2019/20: A370 referred to labor
2017/18: A2617 referred to labor
2015/16: A736 referred to labor
2013/15: A6861 referred to labor
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1000--A
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. STECK, CRUZ, DeSTEFANO, REYES, HEVESI -- read
once and referred to the Committee on Labor -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the labor law, in relation to split shifts and minimum
wage
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. Notwithstanding any other provision of law to the contrary, every
4 employer shall pay to each of its employees not less than the minimum
5 wage for all time in excess of one hour in which an employee is not at
6 work during a split shift and such time shall be considered an hour
7 worked by said employee.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02523-02-5
