Bill Text: NY S08698 | 2019-2020 | 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 2-0)

Status: (Introduced - Dead) 2020-07-08 - REFERRED TO RULES [S08698 Detail]

Download: New_York-2019-S08698-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8698

                    IN SENATE

                                      July 8, 2020
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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-
    24  uled work station. Such rules and regulations may exclude any  title  or
    25  individual  position  or  positions,  when  the  nature  of  the  duties
    26  performed or the difficulty of maintaining adequate time controls  makes
    27  it  impracticable to apply to such title or individual position or posi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16870-01-0

        S. 8698                             2

     1  tions the provisions of this section which prescribe  a  work  week  for
     2  basic  salary  and provide for overtime compensation, provided, however,
     3  that for employees in the classified service performing services  during
     4  a  declared  disaster  emergency  authorized pursuant to section twenty-
     5  eight of the executive law, the director of the division of  the  budget
     6  shall  direct the payment of any overtime compensation due and owing for
     7  services rendered for both mandated and volunteer  overtime  service  at
     8  the  employee's  normal  salary rate or the salary rate for the title or
     9  position in which such overtime services  were  rendered  and  reported,
    10  whichever is higher.
    11    §  2.  This  act  shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after March 7, 2020.
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