Bill Text: NY S01989 | 2021-2022 | General Assembly | Introduced


Bill Title: Ensures the payment of overtime due and owing for services rendered to combat the COVID-19 pandemic.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S01989 Detail]

Download: New_York-2021-S01989-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1989

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced by Sens. JACKSON, HARCKHAM -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions

        AN  ACT  to  amend  the  civil  service law, in relation to ensuring the
          payment of overtime due and owing for services rendered to combat  the
          COVID-19 pandemic

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of section 134 of the civil service  law,  as
     2  amended  by  chapter  87  of  the  laws  of  1972, is amended to read as
     3  follows:
     4    4. The director of the budget shall promulgate, and may from  time  to
     5  time  amend  or  rescind, rules and regulations for carrying into effect
     6  the provisions of this section. Such rules and regulations, among  other
     7  things,  may  classify  and  define  positions  and  employments for the
     8  purposes of this section, and otherwise provide appropriate formulas for
     9  determining overtime compensation as herein provided  and  provide  that
    10  for  the  purpose  of  computing  overtime compensation pursuant to this
    11  section, members of the state police in any title or individual position
    12  or positions shall be considered to have worked a minimum of four  hours
    13  each  time  they  are  recalled  to work overtime after having completed
    14  their scheduled work period and left their  scheduled  work  station  or
    15  shall be considered to have worked a minimum of two hours each time they
    16  are  scheduled  to  return  and  return to duty to work overtime for the
    17  purpose of making an appearance in  court  in  their  official  capacity
    18  after having completed their scheduled work period and left their sched-
    19  uled  work  station; and provide that for the purpose of computing over-
    20  time compensation pursuant to this section, employees in  any  title  or
    21  individual  position  or  positions shall be considered to have worked a
    22  minimum of one-half day each time they are  recalled  to  work  overtime
    23  after having completed their scheduled work period and left their sched-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02352-01-1

        S. 1989                             2

     1  uled  work  station. Such rules and regulations may exclude any title or
     2  individual  position  or  positions,  when  the  nature  of  the  duties
     3  performed  or the difficulty of maintaining adequate time controls makes
     4  it  impracticable to apply to such title or individual position or posi-
     5  tions the provisions of this section which prescribe  a  work  week  for
     6  basic  salary  and provide for overtime compensation, provided, however,
     7  that for employees in the classified service performing services  during
     8  a  declared  disaster  emergency  authorized pursuant to section twenty-
     9  eight of the executive law, the director of the division of  the  budget
    10  shall  direct the payment of any overtime compensation due and owing for
    11  services rendered for both mandated and volunteer  overtime  service  at
    12  the  employee's  normal  salary rate or the salary rate for the title or
    13  position in which such overtime services  were  rendered  and  reported,
    14  whichever is higher.
    15    §  2.  This  act  shall take effect immediately and shall be deemed to
    16  have been in full force and effect on and after March 7, 2020.
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