What's happening
This bill requires large employers to provide low-wage workers with more predictable schedules and minimum pay for short shifts or late scheduling changes.
Why it matters
Guarantees minimum pay for large-company employees who are sent home early or given very short shifts. , ensuring workers are compensated for at least four hours or their regular scheduled time, even if actual work is less.
Requires compensation for workers who are asked to be on call or to check in with employers less than 24 hours before a shift. , addressing the instability and unpredictability of last-minute scheduling.
Targets only large employers (30+ locations nationwide),. focusing on companies with significant resources and a track record of using variable scheduling practices, while exempting most hospitality industry employers unless also covered by fast food wage rules.
Aims to reduce income volatility and support financial stability for low-wage workers,. who are often disproportionately impacted by erratic scheduling and lost hours, making it easier for them to plan for child care, transportation, and other life needs.
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Guarantee Stable Work Schedules
Plain English, a few words. Used as the page title.
Sponsors
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.
Guarantee Stable Work Schedules
In Assembly Committee · Labor · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
71
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. HOYLMAN, ADDABBO, DILAN, KENNEDY, PARKER, PERALTA, PERKINS -- 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 providing more predictable and stable schedules for employees in low-wage occupations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 652 of the labor law is amended by adding a new subdivision 7 to read as follows:
7. An employer who operates thirty or more establishments nationwide shall pay an employee:
(a) For at least four hours at the basic minimum hourly wage for each day on which the employee reports for work under specific instructions but is given less than four hours of work, except that if the employee's regularly scheduled shift is less than four hours, such employee shall be paid for the employee's regularly scheduled hours for that day if given less than the regularly scheduled hours of work; and
(b) For at least four hours at the basic minimum hourly wage for each day the employee is given specific instructions to contact the employee's employer, or wait to be contacted by the employer, less than twenty-four hours in advance of the start of the potential work shift to determine whether the employee must report to work for such shift.
(c) Nothing in this subdivision shall apply to any employer who is subject to a Hospitality Industry Wage Order promulgated by the department, unless the employer is also subject to a Fast Food Wage Order promulgated by the department, as such terms are defined by 18 NYCRR Part 146.
§ 2. Notwithstanding subdivision 7 of section 652 of the labor law, a modification of part 142-2.3 of title 12 of the New York state codes, rules and regulations based on subdivision 7 of such section shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00515-01-7
S. 71 2
made by wage order promulgated by the commissioner of labor without a public hearing, and without reference to a wage board, and shall become effective sixty days after the effective date of such subdivision.
§ 3. If any provision of article 19 of the labor law or the application thereof to any person, employer, occupation or circumstance is held invalid, the remainder of the article and the application of such provision to other persons, employees, occupations, or circumstances shall not be affected thereby.
§ 4. This act shall take effect on the one hundred twentieth day after it shall have become a law.
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 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.52-A of 2015-2016 (Hoylman): Died in Labor A.261-A of 2015-2016 (Rozic): Died in Labor 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.