What's happening
This bill requires most New York employers to pay holiday premium wages to employees working on certain federal holidays.
Why it matters
Directly increases pay for most hourly and lower-salaried workers. who are required to work on New Year's Day, Memorial Day, Independence Day, and Labor Day, helping to compensate them for missing major holidays.
Excludes high-earning employees in executive, administrative, or professional roles (those making over $900/week). , focusing the benefit on lower- and middle-income workers who are less likely to have other forms of compensation or flexibility.
Establishes a standardized definition of “holiday premium pay”. (basic pay plus 50% extra for up to eight non-overtime hours), potentially reducing ambiguity and ensuring consistent application across workplaces.
Preserves stronger existing benefits from union contracts or employment agreements. , so employees with better terms under collective bargaining would not lose those rights due to this law.
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Who cares
Headline styles
Require Holiday Premium Pay
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
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 Holiday Premium Pay
In Assembly Committee · Labor · Sponsor Karines Reyes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1703
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
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.
LBD07063-01-9
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 requir- ing 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
S.8436 of 2018, referred to labor A9488 of 2016, 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.