What's happening
This bill requires state agencies with over 25% of their workforce accruing overtime to maintain all full-time positions from the previous year and report workforce and overtime data annually.
Why it matters
Addresses chronic overtime by protecting full-time jobs. By requiring agencies with high overtime rates to retain all full-time positions from the previous year, the bill aims to curb the practice of filling workforce gaps with excessive overtime, promoting job stability and potentially improving working conditions.
Increases transparency around workforce management. Agencies must annually report detailed data on workforce numbers, overtime accrual, and the use of temporary or per diem workers, which can help policymakers and the public better understand staffing challenges and labor practices across state government.
Encourages efforts to reduce overtime reliance. Agencies exceeding the 25% overtime threshold are required to document and explain their strategies to lower overtime below this level, pushing for more sustainable staffing solutions and possibly better service delivery.
Highlights the use and duration of temporary staffing. By mandating reporting on hours worked and the tenure of temporary and per diem workers, the bill brings attention to potential overreliance on non-permanent staff, which can have implications for employee benefits, agency costs, and continuity of public services.
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Who cares
Headline styles
Keep State Jobs Stable
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
History
- Referred to finance
- Returned to senate
- Died in assembly
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1562
- Committee discharged and committed to rules
- Referred to finance
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.
Keep State Agency Staff Levels
In Assembly Committee · Ways And Means · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5680
2017-2018 Regular Sessions
IN SENATE
April 25, 2017
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to require state agencies with over twenty-five percent of their workforce accruing overtime to maintain all full time equivalent positions from the previous year
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other law to the contrary, any state agency with over 25 percent of their workforce accruing overtime on a calendar year basis and absent an emergency requiring a temporary increase in overtime hours, shall maintain all full time equivalent positions from the previous year. State agencies shall report the total number of agency workers and the total number of workers accruing overtime from the previous calendar year, to the Director of Budget by January 15 of each year. In addition, any agency exceeding the threshold as established herein shall report on the number of full time equivalent positions that have been filled in accordance with this section and all efforts made to reduce overtime to beneath the threshold stated herein. Each agency shall further report on the number of temporary workers and per diem workers in positions in said agency and the specific number of hours worked by temporary and per diem workers. Said report shall include the length of time said temporary workers or per diem workers have been employed in each agency.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11081-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to require state agencies with over twenty-five percent of their workforce accruing overtime to maintain all full time equivalent positions from the previous year
Purpose or general idea of bill
This bill would require state agencies to maintain all FTE positions from a previous year if the agency had more than 25% of their workforce accrue overtime in the previous calendar year.
Summary of specific provisions
Section 1 would require state agencies to maintain all FTE positions from a previous year if they had more than 25% of their workforce accrue overtime in the previous calendar year. In addition, it would require state agencies to report the total number of workers and the total number accruing overtime in the previous year to the Director of the Budget by January 15. In addition, any agency that exceeds the 25% threshold will have to report the number of FTE positions that have been filled and any additional efforts made to reduce overtime.
Section 2 is the effective date.
Justification
State Agency overtime is skyrocketing. This is due in large part to the downsizing of the state workforce, which leaves agencies unable to fulfill their missions without using large amounts of overtime.
According to the latest available report on state agency overtime issued by the Comptroller, the total cost of overtime in calendar year 2015 was more than $716 million, which accounts for nearly 16.8 million overtime hours worked. Total overtime earnings and hours in 2015 were higher than in any of the previous eight years. For both hours and earnings, six of the ten State agencies with the highest levels of overtime reported increases from 2014 to 2015.
Overtime hours at OPWDD rose 7.7 percent from the prior year and 54 percent from 2010 to 2015, and the average OPWDD overtime earner worked more than 19 hours over overtime per pay period in 2015. Overtime earners in four other state agencies also worked on average of more than 15 hours per pay period in 2015.
In addition, the increased use of overtime has led to an increase in workplace injuries. Specifically, according to the Department of Civil Service, 40% of compensable injuries come from two state agencies- Office of Mental Health and the Office for People with Developmental Disabilities-which are 1 and 3, respectively in overtime hours worked in the 2015 report.
Prior legislative history
New Bill.
Fiscal implications
While more FTEs would be retained and hired in certain agencies, this would be offset by a decrease in overtime expenses and direct and indirect workers' compensation costs.
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.