Relates to providing more predictable and stable schedules for employees in low-wage occupations

6 Co-sponsors

• Joseph P. Addabbo Jr.
• Martin Malavé Dilan
• Timothy M. Kennedy
• Kevin S. Parker
• José Peralta
• Bill Perkins

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 employee 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 employers 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 maintain balance. This legislation would provide the necessary changes low-income employees need to build sustainable careers.

Legislative history

S.7940 of 2014 (Hoylman): Died in Rules A.10191 of 2014 (Rozic): Died in Rules

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.