Bill Text: NY S08090 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19; provides for sick leave.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2020-03-17 - REFERRED TO RULES [S08090 Detail]

Download: New_York-2019-S08090-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8090

                    IN SENATE

                                     March 17, 2020
                                       ___________

        Introduced  by  Sen. RAMOS -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules

        AN ACT providing requirements  for  sick  leave  and  the  provision  of
          certain employee benefits when such employee is subject to a mandatory
          or precautionary order of quarantine or isolation due to COVID-19; and
          to amend the labor law, in relation to requirements for sick leave

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

     1    Section 1. 1.(a) For employers with ten or fewer employees as of Janu-
     2  ary 1, 2020, each employee who is subject to a mandatory or  precaution-
     3  ary  order  of  quarantine or isolation issued by the state of New York,
     4  the department of health, local board of  health,  or  any  governmental
     5  entity  duly  authorized  to  issue such order due to COVID-19, shall be
     6  provided with unpaid sick leave until the termination of  any  mandatory
     7  or  precautionary  order  of quarantine or isolation due to COVID-19 and
     8  any other benefit as provided by any other provision of law.  During the
     9  period of mandatory or precautionary quarantine or isolation, an employ-
    10  ee shall be eligible for paid family leave  benefits  and  benefits  due
    11  pursuant  to  disability  pursuant to this act.  An employer with ten or
    12  fewer employees as of January 1, 2020, and that  has  a  net  income  of
    13  greater than one million dollars in the previous tax year, shall provide
    14  each  employee  who  is subject to a precautionary or mandatory order of
    15  quarantine or isolation issued by the state of New York, the  department
    16  of  health,  local  board  of  health,  or  any governmental entity duly
    17  authorized to issue such order due to COVID-19, at least  five  days  of
    18  paid  sick leave and unpaid leave until the termination of any mandatory
    19  or precautionary order of quarantine or isolation.  After such five days
    20  of paid sick leave, an employee shall be eligible for paid family  leave
    21  benefits and benefits due pursuant to disability pursuant to this act.
    22    (b)  For employers with between eleven and ninety-nine employees as of
    23  January 1, 2020, each employee who is subject to a mandatory or  precau-
    24  tionary  order  of  quarantine  or  isolation issued by the state of New
    25  York, the department of health, local board of health,  or  any  govern-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12051-02-0

        S. 8090                             2

     1  mental entity duly authorized to issue such order due to COVID-19, shall
     2  be  provided with at least five days of paid sick leave and unpaid leave
     3  until the termination of any mandatory or precautionary order of quaran-
     4  tine  or isolation. After such five days of paid sick leave, an employee
     5  shall be eligible for paid family leave benefits and benefits due pursu-
     6  ant to disability pursuant to this act.
     7    (c) For employers with one hundred or more employees as of January  1,
     8  2020, each employee who is subject to a mandatory or precautionary order
     9  of  quarantine or isolation issued by the state of New York, the depart-
    10  ment of health, local board of health, or any governmental  entity  duly
    11  authorized  to  issue such order due to COVID-19, shall be provided with
    12  at least fourteen days of  paid  sick  leave  during  any  mandatory  or
    13  precautionary order of quarantine or isolation.
    14    (d) For public employers, each officer or employee who is subject to a
    15  mandatory  or  precautionary  order of quarantine or isolation issued by
    16  the state of New York, the department of health, local board of  health,
    17  or  any  governmental  entity duly authorized to issue such order due to
    18  COVID-19 shall be provided with at least  fourteen  days  of  paid  sick
    19  leave  during  any  mandatory  or  precautionary  order of quarantine or
    20  isolation.  Each officer or employee shall be compensated at his or  her
    21  regular  rate of pay for those regular work hours during which the offi-
    22  cer or employee is absent from work due to a mandatory or  precautionary
    23  order  of  quarantine or isolation due to COVID-19. For purposes of this
    24  act, "public employer" shall mean the following: (i)  the state;    (ii)
    25  a    county,  city,  town  or village; (iii) a school district, board of
    26  cooperative educational services,   vocational education  and  extension
    27  board  or  a school district as enumerated in section 1 of  chapter  566
    28  of the laws of 1967, as amended; (iv) any governmental entity  operating
    29  a college or university; (v) a public  improvement  or special  district
    30  including  police  or  fire  districts; (vi) a public authority, commis-
    31  sion or public benefit corporation; or (vii) any  other public    corpo-
    32  ration,  agency,  instrumentality  or unit of government which exercises
    33  governmental power under the  laws  of  this state.
    34    (e) Such leave shall be provided without loss of an officer or employ-
    35  ee's accrued sick leave.
    36    2. For purposes of this act,  "mandatory  or  precautionary  order  of
    37  quarantine  or  isolation" shall mean a mandatory or precautionary order
    38  of quarantine or isolation issued by the state of New York, the  depart-
    39  ment  of  health,  local  board of health, or any government entity duly
    40  authorized to issue such order due to COVID-19.
    41    3. Upon return to work following leave taken pursuant to this act,  an
    42  employee  shall  be  restored  by his or her employer to the position of
    43  employment held by the employee prior to any  leave  taken  pursuant  to
    44  this act with the same pay and other terms and conditions of employment.
    45  No  employer  or his or her agent, or the officer or agent of any corpo-
    46  ration, partnership, or limited liability company, or any other  person,
    47  shall discharge, threaten, penalize, or in any other manner discriminate
    48  or  retaliate against any employee because such employee has taken leave
    49  pursuant to this act.
    50    4. An employee shall not receive paid sick leave benefits or any other
    51  paid benefits provided by any provisions of this section if the employee
    52  is subject to a mandatory or precautionary order of  quarantine  because
    53  the  employee  has  returned  to  the United States after traveling to a
    54  country for which the Centers for Disease Control and Prevention  has  a
    55  level  two  or three travel health notice and the travel to that country
    56  was not taken as part of the employee's employment or at  the  direction

        S. 8090                             3

     1  of  the  employee's employer, and if the employee was provided notice of
     2  the travel health notice and the limitations of this  subdivision  prior
     3  to  such  travel.   Such employee shall be eligible to use accrued leave
     4  provided  by  the employer, or to the extent that such employee does not
     5  have accrued leave or sufficient accrued leave, unpaid sick leave  shall
     6  be  provided  for the duration of the mandatory or precautionary quaran-
     7  tine or isolation.
     8    5. The commissioner of labor  shall  have  authority  to  adopt  regu-
     9  lations, including emergency regulations, and issue guidance to effectu-
    10  ate any of the provisions of this act. Employers shall comply with regu-
    11  lations  promulgated by the commissioner of labor for this purpose which
    12  may include, but is not limited to, standards for the use, payment,  and
    13  employee eligibility of sick leave pursuant to this act.
    14    6.  Notwithstanding  any  other  provision of law, and for purposes of
    15  this act only, for purposes of article 9 of  the  workers'  compensation
    16  law,  "disability"  shall  mean: any inability of an employee to perform
    17  the regular duties of his or her employment or the duties of  any  other
    18  employment which his or her employer may offer him or her as a result of
    19  a  mandatory or precautionary order of quarantine or isolation issued by
    20  the state, the department of health, a local board  of  health,  or  any
    21  government  entity  duly  authorized to issue such order due to COVID-19
    22  and when the employee has exhausted all paid sick leave provided by  the
    23  employee's employer under this act.
    24    7.  Notwithstanding  subdivision  1  of  section  204  of the workers'
    25  compensation law, disability benefits payable pursuant to this act shall
    26  be payable on the first day of disability.
    27    8. Notwithstanding any other provision of law,  and  for  purposes  of
    28  this  act  only,  for purposes of article 9 of the workers' compensation
    29  law, "family leave" shall mean: (a) any leave taken by an employee  from
    30  work  when  an employee is subject to a mandatory or precautionary order
    31  of quarantine or isolation  issued  by  the  state,  the  department  of
    32  health,  a  local board of health, or any government entity duly author-
    33  ized to issue such order due to COVID-19; or (b) to provide care  for  a
    34  minor  dependent  child of the employee who is subject to a mandatory or
    35  precautionary order of quarantine or isolation issued by the state,  the
    36  department  of health, a local board of health, or any government entity
    37  duly authorized to issue such order due to COVID-19.
    38    9. Notwithstanding any other provision of law,  and  for  purposes  of
    39  this  act  only,  for purposes of article 9 of the workers' compensation
    40  law, disability and family leave benefits pursuant to this  act  may  be
    41  payable  concurrently to an eligible employee upon the first full day of
    42  an unpaid period of mandatory or precautionary order  of  quarantine  or
    43  isolation  issued  by the state of New York, the department of health, a
    44  local board of health, or any government entity duly authorized to issue
    45  such order due to  COVID-19,  provided  however,  an  employee  may  not
    46  collect  any benefits that would exceed $840.70 in paid family leave and
    47  $2,043.92 in benefits due pursuant to disability per week.
    48    10. Notwithstanding any other provision of law, and  for  purposes  of
    49  this  act  only,  for purposes of article 9 of the workers' compensation
    50  law, the maximum weekly  benefit  which  the  employee  is  entitled  to
    51  receive  for benefits due pursuant to disability pursuant to subdivision
    52  six of this section only shall be the  difference  between  the  maximum
    53  weekly  family  leave  benefit  and such employee's total average weekly
    54  wage from each covered employer up to a maximum benefit due pursuant  to
    55  disability of $2,043.92 per week.

        S. 8090                             4

     1    11. Notwithstanding subdivision 7 of section 590, and subdivision 2 of
     2  section  607, of the labor law, a claim for benefits under article 18 of
     3  the labor law due to closure of an employer otherwise  subject  to  this
     4  section  for a reason related to COVID-19 or due to a mandatory order of
     5  a  government  entity  duly authorized to issue such order to close such
     6  employer otherwise subject to this section, shall not be  subject  to  a
     7  waiting period for a claim for benefits pursuant to such title.
     8    12.  A  mandatory  or  precautionary  order of quarantine or isolation
     9  issued by the state, the department of health, a local board of  health,
    10  or  any  government  entity  duly  authorized to issue such order due to
    11  COVID-19 shall be sufficient proof of disability or proof  of  need  for
    12  family leave taken pursuant to this act.
    13    13.  The  provisions  of  this  act  shall not apply in cases where an
    14  employee is deemed asymptomatic or has not yet been diagnosed  with  any
    15  medical condition and is physically able to work while under a mandatory
    16  or  precautionary  order  of  quarantine  or  isolation, whether through
    17  remote access or other similar means.
    18    14. Nothing in this section  shall  be  deemed  to  impede,  infringe,
    19  diminish or impair the rights of a public employee or employer under any
    20  law,  rule,  regulation  or  collectively  negotiated  agreement, or the
    21  rights  and  benefits  which  accrue  to  employees  through  collective
    22  bargaining agreements, or otherwise diminish the integrity of the exist-
    23  ing  collective  bargaining  relationship,  or to prohibit any personnel
    24  action which otherwise would have been taken regardless of  any  request
    25  to use, or utilization of, any leave provided by this act.
    26    15.  Notwithstanding  any  inconsistent provision of law, on or before
    27  June 1, 2020, the superintendent of financial services by regulation, in
    28  consultation with the director of the state insurance fund and the chair
    29  of the workers' compensation board of the state, shall promulgate  regu-
    30  lations necessary for the implementation of a risk adjustment pool to be
    31  administered  directly  by  the superintendent of financial services, in
    32  consultation with the director of the state insurance fund and the chair
    33  of the workers' compensation board of the state.  "Risk adjustment pool"
    34  as used in this subdivision shall mean the  process  used  to  stabilize
    35  member  claims  pursuant  to  this act in order to protect insurers from
    36  disproportionate adverse risks. Disproportionate losses of  any  members
    37  of the risk adjustment pool in excess of threshold limits established by
    38  the  superintendent of financial services of the state may be supported,
    39  if required by the superintendent, by other members of such pool includ-
    40  ing the state insurance fund in a proportion to  be  determined  by  the
    41  superintendent.   Any such support provided by members of the pool shall
    42  be fully repaid, including reasonable interest, through a mechanism  and
    43  period  of  time  to  be  determined  by the superintendent of financial
    44  services.
    45     16.  (a) The superintendent of financial  services,  in  consultation
    46  with the director of the state insurance fund and the chair of the work-
    47  ers'  compensation  board  shall  issue  two  reports assessing the risk
    48  adjustment pool required by this act.
    49    (b) On or before January 1, 2022, an initial report shall be  provided
    50  to the speaker of the assembly, the chair of the assembly ways and means
    51  committee  and  the chair of the assembly labor committee, the temporary
    52  president of the senate, the chair of the senate finance  committee  and
    53  the  chair  of  the senate labor committee.  Such report shall  include:
    54  the total number of claims filed pursuant to this section for (i) family
    55  leave benefits, and (ii) benefits due to disability, as a  result  of  a
    56  mandatory  or  precautionary  order  of  quarantine  or isolation due to

        S. 8090                             5

     1  COVID-19; the aggregate amount of paid family leave claims and disabili-
     2  ty claims; the total amount of the claims  paid  for  out  of  the  risk
     3  adjustment  pool;  the threshold limits established by the department of
     4  financial  services;  and  any  other  information the superintendent of
     5  financial services deems necessary to provide to the legislature.
     6    (c) On or before January 1, 2025, a final report shall be provided  to
     7  the  speaker  of  the assembly, the chair of the assembly ways and means
     8  committee and the chair of the assembly labor committee,  the  temporary
     9  president  of  the senate, the chair of the senate finance committee and
    10  the chair of the senate labor committee. Such report shall  include  the
    11  balance  of the risk adjustment pool, if any, the total amount collected
    12  through the repayment mechanism established by the department of  finan-
    13  cial  services  including interest; and any other information the super-
    14  intendent of financial services deems necessary to provide to the legis-
    15  lature.  If there exists a balance in  the  risk  adjustment  pool,  the
    16  final  report  shall  provide  a  timeline  by  which  repayment will be
    17  completed.
    18    17.  If at any point while this section shall be in effect the federal
    19  government by law or regulation  provides  sick  leave  and/or  employee
    20  benefits  for employees related to COVID-19, then the provisions of this
    21  section, including, but not limited to, paid  sick  leave,  paid  family
    22  leave,  and  benefits  due  to disability, shall not be available to any
    23  employee otherwise subject to the provisions of this section;  provided,
    24  however, that if the provisions of this section would have provided sick
    25  leave and/or employee benefits in excess of the benefits provided by the
    26  federal  government  by  law  or regulation, then such employee shall be
    27  able to claim such additional sick leave and/or employee benefits pursu-
    28  ant to the provisions of this section in an amount  that  shall  be  the
    29  difference  between  the  benefits  available under this section and the
    30  benefits available to such employee, if any, as provided by such federal
    31  law or regulation.
    32    § 2. The labor law is amended by adding a new section 196-b to read as
    33  follows:
    34    § 196-b. Sick leave requirements. 1. Every employer shall be  required
    35  to provide its employees with sick leave as follows:
    36    a.  For  employers  with four or fewer employees in any calendar year,
    37  each employee shall be provided with up to forty hours  of  unpaid  sick
    38  leave in each calendar year; provided, however, an employer that employs
    39  four  or  fewer employees in any calendar year and that has a net income
    40  of greater than one million dollars  in  the  previous  tax  year  shall
    41  provide each employee with up to forty hours of paid sick leave pursuant
    42  to this section;
    43    b.  For  employers  with between five and ninety-nine employees in any
    44  calendar year, each employee shall be provided with up to forty hours of
    45  paid sick leave in each calendar year; and
    46    c. For employers with one hundred or more employees  in  any  calendar
    47  year, each employee shall be provided with up to fifty-six hours of paid
    48  sick leave each calendar year.
    49    For  purposes  of determining the number of employees pursuant to this
    50  subdivision, a calendar year shall mean  the  twelve-month  period  from
    51  January  first through December thirty-first.  For all other purposes, a
    52  calendar year shall either mean the  twelve-month  period  from  January
    53  first  through  December  thirty-first,  or  a  regular  and consecutive
    54  twelve-month period, as determined by an employer.
    55    2. Nothing in this section shall be construed to prohibit  or  prevent
    56  an  employer  from  providing  an  amount of sick leave, paid or unpaid,

        S. 8090                             6

     1  which is in excess of the requirements set forth in subdivision  one  of
     2  this  section,  or from adopting a paid leave policy that provides addi-
     3  tional benefits to employees. An  employer  may  elect  to  provide  its
     4  employees  with  the  total amount of sick leave required to fulfill its
     5  obligations pursuant to subdivision one of this section at the beginning
     6  of the calendar year,  provided,  however  that  no  employer  shall  be
     7  permitted to reduce or revoke any such sick leave based on the number of
     8  hours  actually  worked  by an employee during the calendar year if such
     9  employer elects pursuant to this subdivision.
    10    3. Employees shall accrue sick leave at a rate of not  less  than  one
    11  hour  per  every  thirty  hours worked, beginning at the commencement of
    12  employment or the effective date of this section,  whichever  is  later,
    13  subject to the use and accrual limitations set forth in this section.
    14    4. a. On and after January first, two thousand twenty-one and upon the
    15  oral  or  written  request  of  an  employee,  an employer shall provide
    16  accrued sick leave for the following purposes:
    17    (i) for a mental or physical illness, injury, or health  condition  of
    18  such  employee  or  such employee's family member, regardless of whether
    19  such illness, injury, or health condition has been diagnosed or requires
    20  medical care at the time that such employee requests such leave;
    21    (ii) for the diagnosis, care, or treatment of  a  mental  or  physical
    22  illness,  injury  or  health condition of, or need for medical diagnosis
    23  of, or preventive care for, such  employee  or  such  employee's  family
    24  member; or
    25    (iii)  for  an  absence from work due to domestic violence pursuant to
    26  subdivision thirty-four of section two hundred ninety-two of the  execu-
    27  tive  law,  a  sexual  offense, stalking, or human trafficking, for such
    28  employee to avail themselves or a family member of services  or  assist-
    29  ance  including,  but not limited to, to obtain services from a domestic
    30  violence shelter, rape crisis  center,  or  other  shelter  or  services
    31  program  for relief from a family offense matter, sexual offense, stalk-
    32  ing, or human trafficking; to participate in safety planning,  temporar-
    33  ily or permanently relocate, or take other actions to increase the safe-
    34  ty  of  the  employee  or  employee's  family members from future family
    35  offense matters, sexual offenses, stalking,  or  human  trafficking;  to
    36  meet  with  a civil attorney or other social services provider to obtain
    37  information and advice on, and prepare for or participate in any  crimi-
    38  nal  or  civil proceeding, including but not limited to, matters related
    39  to a family offense matter, sexual offense, stalking, human trafficking,
    40  custody, visitation, matrimonial issues,  orders  of  protection,  immi-
    41  gration,  housing,  discrimination  in  employment,  housing or consumer
    42  credit; to file  a  complaint  or  domestic  incident  report  with  law
    43  enforcement;  to meet with a district attorney's office; to enroll chil-
    44  dren in a new school; or to take other actions  necessary  to  maintain,
    45  improve,  or  restore the physical, psychological, or economic health or
    46  safety of the employee or the employee's family  member  or  to  protect
    47  those who associate or work with the employee.
    48    b. For purposes of this section, "family member" shall mean an employ-
    49  ee's  child,  spouse,  domestic  partner, parent, sibling, grandchild or
    50  grandparent; and the child or parent of an employee's spouse or domestic
    51  partner. "Parent" shall mean a biological,  foster,  step-  or  adoptive
    52  parent,  or  a  legal  guardian of an employee, or a person who stood in
    53  loco parentis when the employee was a minor child.  "Child" shall mean a
    54  biological, adopted or foster child, a legal ward,  or  a  child  of  an
    55  employee standing in loco parentis.

        S. 8090                             7

     1    5.  a.  An  employer  may  not  require the disclosure of confidential
     2  information relating to a mental or physical illness, injury, or  health
     3  condition of such employee or such employee's family member, or informa-
     4  tion  relating  to  absence from work due to domestic violence, a sexual
     5  offense,  stalking,  or  human  trafficking, as a condition of providing
     6  sick leave pursuant to this section.
     7    b. An employer may set a reasonable minimum increment for the  use  of
     8  sick  leave  which  shall not exceed four hours. Employees shall receive
     9  compensation at his or her regular rate of pay, or the applicable  mini-
    10  mum  wage  established pursuant to section six hundred fifty-two of this
    11  chapter, whichever is greater, for the use of paid sick leave.
    12    6. An employee's unused sick  leave  shall  be  carried  over  to  the
    13  following  calendar  year, provided, however, that: (i) an employer with
    14  fewer than one hundred employees may limit the  use  of  sick  leave  to
    15  forty  hours per calendar year; and (ii) an employer with one hundred or
    16  more employees may limit the use of sick leave to  fifty-six  hours  per
    17  calendar  year. Nothing in this section shall be construed to require an
    18  employer to pay an employee for unused sick leave upon  such  employee's
    19  termination,  resignation,  retirement, or other separation from employ-
    20  ment.
    21    7. No employer or his or her agent, or the officer  or  agent  of  any
    22  corporation,  partnership,  or  limited  liability company, or any other
    23  person, shall discharge, threaten, penalize,  or  in  any  other  manner
    24  discriminate or retaliate against any employee because such employee has
    25  exercised  his or her rights afforded under this section, including, but
    26  not limited to, requesting sick leave and using sick  leave,  consistent
    27  with the provisions of section two hundred fifteen of this chapter.
    28    8.  An  employer  shall not be required to provide any additional sick
    29  leave pursuant to this section if the employer has adopted a sick  leave
    30  policy  or  time  off  policy  that provides employees with an amount of
    31  leave which meets or exceeds the requirements set forth  in  subdivision
    32  one  of  this  section  and  satisfies  the  accrual, carryover, and use
    33  requirements of this section.
    34    9. Nothing in this section  shall  be  construed  to:  a.  prohibit  a
    35  collective  bargaining agreement entered into, on or after the effective
    36  date of this section from, in lieu of the leave  provided  for  in  this
    37  section,  providing  a  comparable  benefit for the employees covered by
    38  such agreement in the form of paid days off; such paid days off shall be
    39  in the form of leave, compensation, other  employee  benefits,  or  some
    40  combination thereof; or
    41    b. impede, infringe, or diminish the ability of a certified collective
    42  bargaining  agent  to  negotiate  the terms and conditions of sick leave
    43  different from the provisions of this section.
    44    Provided, however, that in the case of either paragraph a or b of this
    45  subdivision, the agreement must specifically acknowledge the  provisions
    46  of this section.
    47    10.  Upon  return  to  work following any sick leave taken pursuant to
    48  this section, an employee shall be restored by his or  her  employer  to
    49  the position of employment held by such employee prior to any sick leave
    50  taken  pursuant  to  this  section with the same pay and other terms and
    51  conditions of employment.
    52    11. Upon the oral or written request of an employee, an employer shall
    53  provide a summary of the amounts of sick leave accrued and used by  such
    54  employee in the current calendar year and/or any previous calendar year.
    55  The employer shall provide such information to the employee within three
    56  business days of such request.

        S. 8090                             8

     1    12.  Nothing in this section shall be construed to prevent a city with
     2  a population of one million or more from enacting  and  enforcing  local
     3  laws or ordinances which meet or exceed the standard or requirements for
     4  minimum  hour  and  use  set forth in this section, as determined by the
     5  commissioner.  Any  paid  sick  leave  benefits provided by a sick leave
     6  program enforced by a municipal corporation in effect as of  the  effec-
     7  tive date of this section shall not be diminished or limited as a result
     8  of the enactment of this section.
     9    13.  The  commissioner  shall  have authority to adopt regulations and
    10  issue guidance to effectuate any of  the  provisions  of  this  section.
    11  Employers  shall comply with regulations and guidance promulgated by the
    12  commissioner for this purpose which may include but are not  limited  to
    13  standards  for  the  accrual,  use, payment, and employee eligibility of
    14  sick leave.
    15    14. The department shall conduct a public awareness outreach  campaign
    16  which  shall  include  making  information  available on its website and
    17  otherwise informing employers and employees of the  provisions  of  this
    18  section.
    19    §  3.  Subdivision  4  of  section 195 of the labor law, as amended by
    20  chapter 564 of the laws of 2010, is amended to read as follows:
    21    4. establish, maintain and  preserve  for  not  less  than  six  years
    22  contemporaneous,  true,  and  accurate  payroll records showing for each
    23  week worked the hours worked; the rate or rates of pay and basis  there-
    24  of,  whether  paid by the hour, shift, day, week, salary, piece, commis-
    25  sion, or other; gross wages; deductions; allowances, if any, claimed  as
    26  part  of the minimum wage; amount of sick leave provided to each employ-
    27  ee; and net wages for each employee.   For all  employees  who  are  not
    28  exempt  from  overtime compensation as established in the commissioner's
    29  minimum wage orders or otherwise provided by New York state law or regu-
    30  lation, the payroll records shall include the  regular  hourly  rate  or
    31  rates  of  pay, the overtime rate or rates of pay, the number of regular
    32  hours worked, and the number of overtime hours worked. For all employees
    33  paid a piece rate, the payroll  records  shall  include  the  applicable
    34  piece  rate or rates of pay and number of pieces completed at each piece
    35  rate;
    36    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    37  sion, section or part of this act shall be  adjudged  by  any  court  of
    38  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    39  impair, or invalidate the remainder thereof, but shall  be  confined  in
    40  its  operation  to the clause, sentence, paragraph, subdivision, section
    41  or part thereof directly involved in the controversy in which such judg-
    42  ment shall have been rendered. It is hereby declared to be the intent of
    43  the legislature that this act would  have  been  enacted  even  if  such
    44  invalid provisions had not been included herein.
    45    §  5.  This  act shall take effect immediately; provided, however that
    46  sections two and three of this act shall take effect on the one  hundred
    47  eightieth  day after it shall have become a law; provided, further, that
    48  the department of labor may promulgate rules and regulations to effectu-
    49  ate the purposes of this act, on or before such effective date.
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