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S8436Senate2017-2018 Session

Mandate Holiday Pay for Workers

Official title

“Relates to requiring businesses to pay holiday premium pay on certain federal holidays”

Sponsor Luis R. SepúlvedaSD-32Affects Economy
Status
In Senate Committee
Labor
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill requires most New York employers to pay time-and-a-half for non-overtime hours worked on certain federal holidays.

Why it matters

  1. Expands wage protections to more workers. By requiring premium holiday pay for most employees (excluding higher-paid executives, administrators, and professionals), the bill could boost take-home pay for many hourly and lower-salaried workers on major federal holidays.

  2. Targets specific high-profile holidays. Limiting the premium pay requirement to New Year’s Day, Memorial Day, Independence Day, and Labor Day addresses some of the most widely celebrated holidays, potentially affecting business scheduling and labor costs on days with high demand for time off.

  3. May influence employer scheduling and hiring. Employers might adjust staffing levels or shift assignments on these holidays to manage increased labor costs, potentially affecting which employees are asked to work or how many are scheduled.

  4. Protects existing agreements. The bill explicitly states that it does not override any existing collective bargaining agreements or employment contracts, ensuring that workers do not lose any benefits they already have negotiated.

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Who cares

Headline styles

Mandate Holiday Pay for Workers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Luis R. Sepúlveda

Senator · Senate District 32

No co-sponsors yet.

History

  1. Referred to labor

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8436

IN SENATE

May 7, 2018

Introduced by Sen. SEPULVEDA -- 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 requiring employers to pay holiday premium pay to certain employees on certain federal holidays

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 190 of the labor law is amended by adding a new subdivision 10 to read as follows:

10. "Holiday premium pay" means a rate of basic pay plus premium pay at a rate equal to one-half his or her rate of basic pay for non-overtime hours worked up to eight on certain federal holidays.

§ 2. The labor law is amended by adding a new section 191-d to read as follows:

§ 191-d. Holiday premium pay. Every employer shall pay to each of its employees, except any person employed in a bona fide executive, administrative, or professional capacity whose earnings are in excess of nine hundred dollars a week, holiday premium pay, as defined in subdivision ten of section one hundred ninety of this article, on the following holidays:

1. New Year's Day;

2. Labor Day;

3. Memorial Day; and

4. Independence Day.

§ 3. Nothing in this act shall be deemed to diminish the rights, privileges, or remedies of any employee under any collective bargaining agreement or employment contract.

§ 4. This act shall take effect on the one hundred twentieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08069-01-7

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 requiring employers to pay holiday premium pay to certain employees on certain federal holidays

Purpose or general idea of bill

This bill would require employers pay holiday premium pay to employees that are required to work on certain federal holidays.

Summary of specific provisions

Section 1: Defines "holiday premium pay" as the rate of basic pay plus premium pay which is equal to one-half of the employee's rate of basic pay for non-overtime hours worked up to 8 hours on certain federal holi- days.

Section 2: The labor law will be amended to add a new section 191-d that would require all employers pay to their employees, except those employ- ees who are bona fide executives, administrators, or professionals and whose earnings are greater than $900/wk., holiday premium pay on the following enumerated holidays:

a) New Year's Day; b) Labor Day; c) Memorial Day; and d) Independence day.

Section 3: Provides that nothing in this act shall impede upon the rights or privileges granted to an employee through a collective bargaining agreement or employment contract.

Section 4: The effective date.

Difference between original and amended version

N/A

Justification

It is important that New York remain one of the leaders in providing an inclusive and equitable workforce for employees across the state. By providing holiday pay for certain employees it creates an incentive to encourage workers to sacrifice their day off to help our businesses stay open and serve consumers. Most employers currently have a length of service requirement before holiday pay is paid. This would eliminate that requirement and put New York on par with Massachusetts and Rhode Island who already have similar laws.

Legislative history

2016: A9488 - Ordered to third reading rules cal.401

Fiscal implication

None

Effective date

This act shall take effect on the 120th day after it shall become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.