BILL NUMBER: S4912
SPONSOR: RYAN S
 
TITLE OF BILL:
An act to amend the labor law, in relation to enacting "the construction
reporting pay act"
 
PURPOSE:
This bill seeks to protect construction workers by requiring employers
to provide four hours pay at the employee's regular hourly rate when a
worker comes to a job site and is sent home without cause and two hours
of pay at the same rate if an employee is not given 12 hours' notice by
an employer not to report to work.
 
SUMMARY OF PROVISIONS:
Section 1: short title.
Section 2: sets forth the legislative intent.
Section 3: adds a new section 224-g related to minimum pay requirements
for the construction industry, including all projects where Labor Law
220 applies.
Section 4: adds a new section 196-e related to minimum pay requirements
for the construction industry.
Section 5: effective date.
 
JUSTIFICATION:
In 2017, the Department of Labor promulgated new "Call in Pay" regu-
lations meant to require that employers covered by the New York State
Miscellaneous Wage Order pay a minimum of four hours' pay, or the pay
for the worker's regularly scheduled shift, whichever is less, at the
basic minimum hourly wage. This regulation is intended to prevent the
scheduling of employees for work and then the cancellation of their
shift after they have already reported to work. This situation creates
hardship for working people who show up for work and are counting on
that pay to pay their bills and support their families. While the
actions taken in 2017 were a step in the right direction, they have
failed to adequately address the prevalence of this issue in the
construction industry. The current Department of Labor rules are an
inadequate deterrent. Minimum wage is far lower than the prevailing rate
or negotiated hourly rate paid on most construction jobs. As a result,
employers can cancel shifts and send workers home-they still save
significant money by paying the amount required pursuant to regulations.
This bill seeks to remedy this situation by requiring that employers in
the construction industry provide four hours pay at the prevailing or
negotiated rate if a worker comes to the job and is sent home, and two
(2) hours pay at that rate if a shift is canceled with less than twelve
(12) hours' notice.
This legislation is about equity and fairness for construction workers
and ensuring that the spirit of the actions taken surrounding call-in
pay in 2017 are upheld.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.