BILL NUMBER: S9843
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law, in relation to enacting "the construction
reporting pay act"
 
SUMMARY OF SPECIFIC 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 theirshift
after they have already reported to work. This situation creates hard-
ship 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 aninadequate deter-
rent. 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:
2025: S4912 (Ryan): Died in Rules
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.