Authorizes minimum wage to be paid for all time in excess of one hour in which an employee is not at work during a split shift.
Summary
This bill amends the New York Labor Law to require employers to pay employees at least the minimum wage for any time beyond one hour that an employee is not working during a split shift. The bill also deems that unpaid gap time in excess of one hour to be an hour worked for wage purposes. In practical terms, it creates a wage obligation for longer breaks between portions of the same workday when an employee’s shift is divided into separate segments.
The measure applies statewide to employers and employees covered by the minimum wage law. It would add a new subdivision to Labor Law section 652 and take effect immediately upon enactment. The bill is aimed at addressing compensation for split-shift scheduling, a practice that can leave workers waiting unpaid between work periods.
Impact
The bill would expand wage protections under New York Labor Law by requiring minimum wage payment for split-shift gap time beyond one hour and by treating that time as compensable work time. Employers that use split shifts would need to adjust payroll practices and scheduling to ensure compliance, while affected workers would gain a statutory right to compensation for longer unpaid intervals between work periods. The amendment directly affects Labor Law section 652, which governs minimum wage requirements.
Sentiment
Based on the bill text and available legislative context, the bill appears to be worker-protective and labor-oriented, with no recorded committee debate or votes indicating opposition or support levels. Its introduction by multiple Assembly members and referral to the Labor Committee suggest it was treated as a labor standards issue. Because there are no transcripts or vote records provided, the broader sentiment can only be characterized as generally favorable to employee wage protections, with no documented public controversy in the supplied materials.
Contention
The main policy issue is whether employers should be required to pay minimum wage for split-shift downtime after the first hour, which could increase labor costs and reduce scheduling flexibility for businesses that rely on split shifts. Supporters would likely view the bill as closing a wage gap and protecting workers from unpaid waiting time, while employers or business groups may object to the added payroll burden and administrative complexity. No specific objections or amendments are documented in the provided record, so any contention is inferred from the bill’s subject matter rather than from recorded debate.
Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.
Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.
Authorizes equitable tip pooling structures for counter service restaurants that pay all employees at or above minimum wage; authorizes tip pooling for service and non-service employees.
Enacts "the construction reporting pay act"; provides that each laborer, worker or mechanic in the employ of a contractor who by request or permission of an employer reports for work on any day shall be paid no less than four hours at the prevailing rate of wages.
Enacts the "living wage for all act" in relation to raising the minimum wage to $30 by January 1, 2030 for large employers and by January 1, 2035 for small employers, and by a percentage based on inflation thereafter, providing for minimum wage requirements for miscellaneous industry workers, and minimum wage for incarcerated individuals working in correctional facilities; repeals provisions of law relating to minimum wage increases.
Establishes the schedules that work act to provide for a timely, good faith interactive process between employees and employers that includes a discussion of potential schedule changes to meet an employee's needs.
Requires small employers with one to fifty (1-50) employees and large employers with fifty (50) or more employees to pay overtime wages to exempt workers if their salary exceeds varying multipliers of minimum wage for a forty (40) hour workweek.
Requires small employers with one to fifty (1-50) employees and large employers with fifty (50) or more employees to pay overtime wages to exempt workers if their salary exceeds varying multipliers of minimum wage for a forty (40) hour workweek.