•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00461 Summary:

BILL NOA00461
 
SAME ASSAME AS S03978
 
SPONSORRozic (MS)
 
COSPNSRBenedetto, Bronson, Braunstein, Colton, De La Rosa, Fahy, Gottfried, Hyndman, Lupardo, Pichardo, Steck, Simon, Stirpe, Walker, Wallace, Zebrowski, Epstein, Rosenthal D, Rosenthal L, Darling, Cruz, Fernandez
 
MLTSPNSREnglebright, Galef, Glick, Ramos, Rodriguez, Seawright, Solages
 
Amd 652, Lab L
 
Relates to providing more predictable and stable schedules for employees in low-wage occupations.
Go to top    

A00461 Actions:

BILL NOA00461
 
01/06/2021referred to labor
Go to top

A00461 Memo:

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.
Go to top

A00461 Text:



 
                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.
Go to top