What's happening
This bill prohibits employers from requiring certain public employees who reach their overtime ceiling to work mandatory overtime.
Why it matters
Protects certain public employees from being forced to work extra hours once they've reached the "overtime ceiling,". which helps prevent overwork and potential burnout for those who already put in significant hours.
Applies specifically to employees who joined New York's public retirement systems (state/local employees, police/fire, teachers) on or after April 1, 2011,. meaning it impacts newer hires and could affect workforce planning and morale among recent public sector workers.
Establishes a clearer definition of "mandatory overtime" and the consequences for refusing it,. which could strengthen employees' ability to refuse excess work without fear of disciplinary action or termination, improving workplace protections.
Might influence retention and recruitment in public sector jobs. by making these roles more attractive to prospective employees who are concerned about work-life balance and involuntary overtime.
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Who cares
Headline styles
End Forced Overtime
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Forced Overtime
In Assembly Committee · Governmental Employees · Sponsor Michael DenDekker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1899
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to prohibiting mandatory overtime for certain persons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The labor law is amended by adding a new section 160-a to read as follows:
§ 160-a. Prohibition of mandatory overtime. 1. For purposes of this section, the term "mandatory overtime" shall mean the period of time an employee is required to work in excess of his or her regularly established hours of employment, and for which such employee faces disciplinary action or termination for his or her refusal to work in excess of such hours.
2. No employer shall require an employee, who first becomes a member of the New York state and local employees' retirement system, the New York state and local police and fire retirement system and the New York state teachers' retirement system on or after April first, two thousand eleven, to work mandatory overtime if such employee has reached his or her overtime ceiling as defined in subdivision twenty-four of section five hundred one of the retirement and social security law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00398-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to prohibiting mandatory overtime for certain persons
Purpose
The purpose of the bill is to correct and define the Tier V and Tier VI pension provisions in relation to allowing employees the ability to refuse overtime if they have already reached their overtime ceiling cap without facing disciplinary actions or termination.
Summary of provisions
The labor law is amended by adding a new section 160-a that defines and corrects mandatory overtime for persons who have already reached their overtime ceiling cap.
Justification
Recent Tier V and Tier VI legislation capped new employees' pensionable overtime to fifteen thousand dollars or fifteen percent of a member's base salary depending on their position and current pension plan. The intent of these pension bills was to limit employees, who are in the final years of service to which their future pension benefits will be calculated, from excessively working overtime in order to achieve an inflated pension benefit when they retire. However, some employees do not volunteer to work overtime, they are mandated or forced to work overtime. In fact, some employees who refuse to work the mandated overtime can face termination or disciplinary action, This bill will correct this unintended injustice. Under this bill, no employer shall require, force or mandate an employee to work overtime or face any disciplinary action if the employee has reached his or her overtime ceiling as defined in subdivision twenty-four of section five hundred one of the retirement and social security law.
Legislative history
2015-16: S.7835/A.4136 Referred to Labor.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.