NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A461
SPONSOR: Rozic (MS) 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 maintaining; balance. This legislation would provide the
necessary changes low-income employees need build sustainable careers.
LEGISLATIVE HISTORY:
2020: A312 (Rozic) - Labor
2019: A312 (Rozic) - Labor
2018: A01518 (Rozic) - Labor
2017: A01518 (Rozic) - Labor
2016: A00261A (Rozic) - Labor
2015: A00261 (Rozic) - Labor
2014: A10191 (Rozic) - Labor
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.
STATE OF NEW YORK
________________________________________________________________________
461
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. ROZIC, BENEDETTO, BRONSON, BRAUNSTEIN, COLTON,
DE LA ROSA, FAHY, GOTTFRIED, HYNDMAN, LUPARDO, PICHARDO, STECK, SIMON,
STIRPE, WALKER, WALLACE, ZEBROWSKI, EPSTEIN, D. ROSENTHAL, L. ROSEN-
THAL, DARLING, CRUZ, FERNANDEZ -- Multi-Sponsored by -- M. of A.
ENGLEBRIGHT, GALEF, GLICK, RAMOS, RODRIGUEZ, SEAWRIGHT, SOLAGES --
read once and referred 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03172-01-1
A. 461 2
1 § 2. Notwithstanding subdivision 7 of section 652 of the labor law, a
2 modification of part 142-2.3 of title 12 of the New York state codes,
3 rules and regulations based on subdivision 7 of such section shall be
4 made by wage order promulgated by the commissioner of labor without a
5 public hearing, and without reference to a wage board, and shall become
6 effective sixty days after the effective date of such subdivision.
7 § 3. If any provision of article 19 of the labor law or the applica-
8 tion thereof to any person, employer, occupation or circumstance is held
9 invalid, the remainder of the article and the application of such
10 provision to other persons, employees, occupations, or circumstances
11 shall not be affected thereby.
12 § 4. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law.
