What's happening
This bill requires motor carriers in New York to pay overtime to certain employees, even if they are exempt under federal law.
Why it matters
Expands overtime protections at the state level. By requiring overtime pay for motor carrier employees even if they're exempt under federal law, New York is setting a higher standard for worker compensation in this sector.
Closes a significant loophole. Federal law currently exempts many truck drivers and related workers from overtime; this bill directly addresses that gap, ensuring these employees are paid for all hours worked over 40 per week.
Could increase labor costs for motor carriers. Employers in the trucking and transport sector may face higher expenses, potentially impacting pricing, staffing, or business models—costs which might be passed on to consumers or impact service structures.
Aims to improve work-life balance and safety. By incentivizing employers to reduce excessive work hours or pay more for overtime, the bill could help decrease worker fatigue, which is linked to roadway safety concerns and driver health.
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Who cares
Headline styles
Overtime Pay for Truck Drivers
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.
Require Overtime for Truck Drivers
In Assembly Committee · Labor · Sponsor Michael G. Miller
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
340
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- 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 overtime pay for employees of motor carriers
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. Hours of labor of employees of motor carriers. Every motor carrier shall pay to all employees for whom the U.S. Secretary of Transportation may prescribe maximum hours of work for the safe operation of vehicles, pursuant to section 31502(b) of the federal Motor Carrier Act, 49 U.S.C. s.31502(b), an overtime rate not less than one and one-half times the worker's hourly wage, for each hour in excess of forty hours worked in any week, notwithstanding the exemption of such employees pursuant to the federal Fair Labor Standards Act 29 U.S.C. 213(b)(1).
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00055-01-7
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 overtime pay for employees of motor carriers
Purpose
This bill will allow motor car drivers doing business in New York state to collect an overtime rate of one and one-half times the worker's hourly wage for every hour worked in excess of forty hours per week.
Summary of provisions
The bill would add a new provision 160-a to the Labor Law to require motor carriers to pay their employees one and a half times their regular hourly wage for hours worked beyond 40 hours in any week.
Existing law
The federal Fair Labor Standards Act 29 USC sec. 213(b)(1) exempts motor carriers from the requirement to pay workers one and a half-time their hourly rate when they work more than 40 hours a week.
Justification
Motor carriers include armored car companies and other private or contract carriers that haul property or passengers on public highways in interstate or foreign commerce. Employees of such carriers often work long and difficult hours under stressful conditions. Armored car personnel, for example, frequently work fifty to sixty hours per week transporting thousands of dollars throughout New York state and nearby states while under constant surveillance and often confined to their vehicles. Motor carrier employees work under conditions that are regularly challenging and dangerous. Currently there are several armored car companies that voluntarily pay overtime after forty hours in New York. Some pay after fifty hours. This legislation would entitle all such workers to overtime pay.
Prior legislative history
2015-2016 - S1253 2013-2014 - S.65 2011-12: S.672 2010: Referred to Labor (Onorato) 2008: Similar bill S.7146/A.9992 Referred to Labor.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.