What's happening
This bill requires the Empire State Development Corporation to study the economic impact of a proposed Department of Labor rule on call-in pay before the rule can be adopted.
Why it matters
Delays implementation of the Department of Labor's call-in pay rule. until a thorough, third-party economic study is completed, potentially slowing regulatory changes that could affect both workers and employers.
Requires a specific focus on small businesses. in the study, highlighting concern about how new labor rules could disproportionately impact smaller employers compared to larger ones.
Mandates direct input from stakeholders. who would be affected by the rule, ensuring that the analysis includes real-world perspectives from both business and labor groups.
Elevates the economic study to the level of a formal public comment. in the rulemaking process, which means its findings must be addressed and incorporated into the Department of Labor’s final assessment, potentially influencing the final shape of the regulation.
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Study Call-In Pay Rule
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
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.
Study Call-In Pay Rule
In Assembly Committee · Labor · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1911
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT directing the empire state development corporation to study a proposed rule of the department of labor prior to its adoption
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The legislature recognizes the importance of the administrative rulemaking of agencies of state governments. The state administrative procedure act (SAPA) was enacted to ensure uniform and equitable practices to meet the public interest. SAPA provides for a job impact analysis by an agency to evaluate the potential impact of a proposed rule on jobs and employment opportunities. SAPA also requires a regulatory impact statement and a regulatory flexibility analysis for small business, which includes a study of costs and economic impact.
§ 2. Notwithstanding any law, rule or regulation to the contrary, the proposed rule contained in the November 22, 2017 State Register (LAB-47-17-00011-P) by the New York state department of labor, which would revise the call-in pay requirements of the minimum wage order for miscellaneous industries and occupations (12 NYCRR Part 142 at §§ 142-2.3 and 142-3.3) shall not be filed by the department of labor with the secretary of state and published in the state register until not less than 90 days after completion of a study providing additional evaluation of the potential impact of the rule by the empire state development corporation as provided for in this act.
§ 3. The empire state development corporation shall, in conjunction with a third party, undertake a study to provide additional evaluation on the additional impacts on jobs and employment opportunities, cost and the economic impact, particularly on small businesses, of the proposed rule referenced herein. Stakeholders impacted by this rule shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03915-01-9
S. 1911 2
contacted to obtain information. Upon completion, such study shall be provided to the department of labor. Such study, including the additional evaluation of the potential impacts, shall be considered a public comment for the purposes of article two of the state administrative procedure act and shall be analyzed and summarized in any assessment of public comments. The department of labor shall make every effort to minimize any impacts determined by the empire state development corporation.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act directing the empire state development corporation to study a proposed rule of the department of labor prior to its adoption
Purpose
To delay the implementation of the NYS Department of Labor employee call in regulations until completion of a study conducted by Empire State Development Corporation.
Summary of provisions
Section 1: establishes the legislative intent.
Section 2: Delays the implementation of the November 22, 2017 NYS Department of Labor employee call-in pay requirements until at least 90 days after completion of a study on the potential impact conducted by Empire State Development Corporation.
Section 3: Outlined the framework of the study to be conducted.
Section 4: This act shall take effect immediately.
Justification
On November 22, 2017 the NYS Department of Labor released regulations in relation to employee scheduling. Since that time businesses across many industries such as agriculture, outdoor seasonal work, amusement parks, grocery stores and others have expressed their opposition to this undue burden.
The senate standing committee on commerce, economic development and small business, together with the senate administrative regulations review commission, conducted a public hearing on the New York state department of labor proposed rule making on employee scheduling (call-in pay). The testimony received by the committees raised questions concern- ing whether the data upon which the conclusions reached by the depart- ment of labor's regulatory impact statement considered all the appropri- ate information, particularly on job impact, and was consistent with the objectives of SAPA. Based on the information presented at the hearing, an additional evaluation of the proposed regulation would be appropriate prior to implementation of such regulation to ensure the objectives of SAPA are met.
In particular, industries dependent on weather such as the carwash industry would be negatively impacted. These businesses may need to adjust their hours based on factors they cannot control, and thus adjust employee's schedules to reflect the necessary changes. Employers that have employees on hourly wages would be hit the hardest. If an employee were to call in sick, the employer would be held responsible for this schedule change. Though this occurs at no fault to the employer, the schedule change would result in a financial penalty to the business owner.
Furthermore, these regulations were released with little to no data available indicating that these regulations were even necessary. In fact, a report released in early 2017 by Gallup demonstrated that even those individuals this regulation is intended to help don't want or need it. One in six employees' works in a non-salaried job where the hours vary week to week and of those, just over half said they preferred vari- able scheduling. Two-thirds said variable scheduling did not impose a financial hardship. This bill would slow the implementation of this burdensome regulation until such time as a report is completed and more information on the necessity of such regulation, or lack thereof, is available.
Legislative history
New Bill.
Fiscal implications
None to the State.
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.