Authorizes certain union employees to volunteer to work more than 6 days a week if such issue is included in their collective bargaining agreement

BILL NUMBER:S4645

Title of bill

An act to amend the labor law, in relation to authorizing certain employees represented by a collective bargaining representative to work more than six days a week on a voluntary basis

Purpose

This bill would help ensure that employees who are covered by a collective bargaining agreement that authorizes the employees to work more than six consecutive days within a weekly period are able to do so without the need to obtain a labor variance from the Department of Labor.

Summary of provisions

This bill amends section 161 of the labor law (mandatory day of rest provisions)to add a new subdivision 2 (g) which will allow employees represented by a collective bargaining unit to work purely voluntary overtime when the term of the collective bargaining agreement provide that the employee may do so.

Justification

Labor law section 161 currently provides that employers who operate a factory, mercantile establishment, hotel, restaurant or elevator service must provide every employee with at least 24 consecutive hours of rest within a calendar week. Labor law 161 (2) provides certain limited exemptions to this mandate. Labor law section 161 (5) also authorizes an employer to the Commissioner of Labor for the issuance of labor variances which will allow an employer to deviate from this practice for a period of time when an employer can demonstrate that practical difficulties or unnecessary hardship will occur if the variance is not granted. For example, an employer may face a pressing production mandate within a certain period of time. These variance are granted by the department on a case by case basis for a specific time period when the specific circumstances dictate. In most instances, the company employees desire the overtime that the variance will allow. This bill will avoid the necessity of applying to the Department for a variance when a collective bargaining agreement contemplates the use of additional work days and has been agreed upon by the employer and the collective bargaining unit for mutual benefit.

Legislative history

New Bill

Fiscal implications

None.

Effective date

This act shall take effect immediately.