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
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.
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.
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.
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
No co-sponsors yet.
History
- 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.