Skip to content

Current Legislation in New York

Click on a bill number below to get information on the bill

AB 262 - Includes Bonus In the Definition of Wages For Purposes of the Labor Law

Issue: Minimum Wage

This measure includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared.
This measure states that all wages, including bonuses, shall be non-forfeitable once the amount of the wage is known or can with reasonable certainty be known.
Bonus constitutes wages regardless of the source of revenue when:
(a) The formula under which a bonus is determined is certain and all the data utilized in calculating the amount of a bonus under the formula is available to the employer; or
(b) When the amount of a bonus has been declared by the employer.

AB 390 - An act to amend the general obligations law, in relation to declaring
agreements exempting employers from liability for negligence related to
the COVID-19 pandemic void and unenforceable

Issue: COVID-19 Liability Protection

This measure declares agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable.

This measure exempts employers from liability for negligence related to the COVID-19 pandemic void and unenforceable. Any provision in any contract, agreement or understanding relating to the employment, hiring or retaining of the services of any person, including but not limited to employees, independent contractors and interns, that exempts the employer or hiring party from liability for damages for personal injury or death caused by or resulting from the employer's negligence in connection with the employer's or hiring party's handling of measures related to the COVID-19 pandemic shall be deemed to be void as against public policy and wholly unenforceable.

This measure will not preclude an employer or hiring party from requiring indemnification for damages arising out of personal injury or death caused by or resulting from the negligence of a party other than the employee, independent contractor and intern, whether or not the employer or hiring party is partially negligent.

AB 450 - An act to amend the labor law, in relation to employee work schedules

Issue: Wage and Hour (Predictive Scheduling)

This measure establishes an employee’s rights to know his/her work schedule and work hours with advance notice.

This measure requires employers of retail, food service or cleaning employees to give such employees 7 days notice of their work schedule and a months notice of the minimum hours of work. This measure also creates a private right of action to employees who are aggrieved by certain violations of such provisions, including interfering with, restraining or denying the exercise of any rights provided to any employee by the provisions.

AB 461 - An act to amend the labor law, in relation to providing more predictable and stable schedules for employees in low-wage occupations

Issue: Minimum Wage, Wage and Hour (Predictive Scheduling)

This measure amends the labor law, in relation to providing more predictable and stable schedules for employees in low-wage occupations. It's purpose is to provide employees in low-wage occupations with predictable and stable schedules that support workplace flexibility.

An employer who operates thirty or more establishments nationwide shall pay an employee for at least four hours at the basic minimum hourly wage for each day on which the employee reports for work but is given fewer than four hours of work.

In addition, the employer shall pay an employee for at least four hours at the basic minimum wage for each day the employee was given specific instructions o contact the employer, or wait to be contacted by the employer, less than twenty-four hours in advance of the start of the potential work shift to determine whether the employee must report to work for such shift.

AB 761 - An act to amend the labor law, in relation to establishing an essential workers' bill of rights

Issue: COVID-19 Liability Protection

This measure would ensure rights, protection and hazard pay for essential workers during a state of emergency. It defines "essential workers" and requires that during a state of emergency, employers of essential workers must implement the essential workers' bill of rights including the following:

(i) Employers must provide adequate personal protective equipment and products at no cost to the workers;

(ii) Employers must inform essential workers when an employee has contracted a disease related to such state disaster emergency and of a worker's potential exposure to disease;

(iii) Employers may not retaliate or discriminate against an essential worker for reporting any unsafe work environment

This measure provides that during a state disaster emergency, all employers of essential workers shall adopt and implement the following essential workers' bill of rights which shall be distributed to essential workers, made available on each employer's website, and shall include links or information to file a report and seek a response from such employer or the state regarding any unsafe work environment or failure to meet the requirements of this section:

(a) all employers shall provide essential workers with adequate personal protective equipment and products at no cost to such workers, including but not limited to hand sanitizer, medical or surgical masks, medical or surgical gloves, disposable gowns and any other equipment or product identified in emergency regulations promulgated by the commissioner, in consultation with the commissioner of health;

(b) all employers shall inform essential workers when an employee has contracted a disease related to such state disaster emergency and of a worker's potential exposure to disease; and

(c) no employer shall retaliate or discriminate against an essential worker for reporting any unsafe work environment.

The measure directs the Labor Commissioner to direct employers who meet the requirements of this subdivision to make hazard payments to essential workers during a state disaster emergency. The payments will be a percentage or a fixed dollar amount, as prescribed by the commissioner. No hazard payment will exceed twenty-five thousand dollars in any year for any essential worker earning less than two hundred thousand dollars per year or five thousand dollars for any essential worker earning more than two hundred thousand dollars. Hazard payments will be in addition to and not be part of an essential worker's basic annual salary, and will not affect any performance advancement payments, performance awards, longevity payments or other rights or benefits to which an essential worker may be entitled. A hazard payment shall be terminated upon the cessation of the state disaster emergency.

"Essential worker" means any employee of a business or entity providing essential services or functions during any state disaster emergency declared pursuant to article two-B of the executive law and designated as an essential worker pursuant to any law, rule, regulation or executive order including but not limited to essential health care operations including research and laboratory services; essential infrastructure including utilities, telecommunication, airports and transportation infrastructure; essential manufacturing, including food processing and pharmaceuticals; essential retail including grocery stores and pharmacies; essential services including trash collection, mail, and shipping services; news media; banks and related financial institutions; providers of basic necessities to economically disadvantaged populations; construction; vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses; vendors that provide essential services or products, including logistics and technology support, child care and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public.

SB 468 - AN ACT to amend the labor law, in relation to employee work schedules

Issue: Wage and Hour (Predictive Scheduling)

This measure establishes an employee’s rights to know his/her work schedule and work hours with advance notice.

This measure requires employers of retail, food service or cleaning employees to give such employees 7 days notice of their work schedule and a months notice of the minimum hours of work. This measure also creates a private right of action to employees who are aggrieved by certain violations of such provisions, including interfering with, restraining or denying the exercise of any rights provided to any employee by the provisions.

SB 640 - AN ACT to amend the labor law, in relation to establishing an essential workers' bill of rights

Issue: COVID-19 Liability Protection

This measure would ensure rights, protection and hazard pay for essential workers during a state of emergency. It defines "essential workers" and requires that during a state of emergency, employers of essential workers must implement the essential workers' bill of rights including the following:

(i) Employers must provide adequate personal protective equipment and products at no cost to the workers;

(ii) Employers must inform essential workers when an employee has contracted a disease related to such state disaster emergency and of a worker's potential exposure to disease;

(iii) Employers may not retaliate or discriminate against an essential worker for reporting any unsafe work environment

This measure provides that during a state disaster emergency, all employers of essential workers shall adopt and implement the following essential workers' bill of rights which shall be distributed to essential workers, made available on each employer's website, and shall include links or information to file a report and seek a response from such employer or the state regarding any unsafe work environment or failure to meet the requirements of this section:

(a) all employers shall provide essential workers with adequate personal protective equipment and products at no cost to such workers, including but not limited to hand sanitizer, medical or surgical masks, medical or surgical gloves, disposable gowns and any other equipment or product identified in emergency regulations promulgated by the commissioner, in consultation with the commissioner of health;

(b) all employers shall inform essential workers when an employee has contracted a disease related to such state disaster emergency and of a worker's potential exposure to disease; and

(c) no employer shall retaliate or discriminate against an essential worker for reporting any unsafe work environment.

The measure directs the Labor Commissioner to direct employers who meet the requirements of this subdivision to make hazard payments to essential workers during a state disaster emergency. The payments will be a percentage or a fixed dollar amount, as prescribed by the commissioner. No hazard payment will exceed twenty-five thousand dollars in any year for any essential worker earning less than two hundred thousand dollars per year or five thousand dollars for any essential worker earning more than two hundred thousand dollars. Hazard payments will be in addition to and not be part of an essential worker's basic annual salary, and will not affect any performance advancement payments, performance awards, longevity payments or other rights or benefits to which an essential worker may be entitled. A hazard payment shall be terminated upon the cessation of the state disaster emergency.

"Essential worker" means any employee of a business or entity providing essential services or functions during any state disaster emergency declared pursuant to article two-B of the executive law and designated as an essential worker pursuant to any law, rule, regulation or executive order including but not limited to essential health care operations including research and laboratory services; essential infrastructure including utilities, telecommunication, airports and transportation infrastructure; essential manufacturing, including food processing and pharmaceuticals; essential retail including grocery stores and pharmacies; essential services including trash collection, mail, and shipping services; news media; banks and related financial institutions; providers of basic necessities to economically disadvantaged populations; construction; vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses; vendors that provide essential services or products, including logistics and technology support, child care and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public.

SB 765 - AN ACT directing a study on the impact of increased minimum wage on eligibility for income-based services, programs and subsidies and the impact of loss of services on the working poor

Issue: Minimum Wage

This measure directs a study on the impact of increased minimum wage on eligibility for income-based services, programs and subsidies.

This measure requires a study to be performed and a report to be produced on the effects of increased minimum wage on the working poor's eligibility for critical and relied upon social services, programs and subsidies. The commissioners must publish such report to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, and the minority leader of the assembly.

SB 808 - AN ACT to amend the labor law, in relation to providing for minimum wage requirements for miscellaneous industry workers

Issue: Minimum Wage

This measure would eliminate the sub-minimum wage for food service workers, service employees, and miscellaneous industry workers who receive tips.

Specifically, the measure would set a schedule on which cash wages for food service workers, service employees, and miscellaneous industry workers will increase until that wage is equivalent to the minimum wage.

In the City of New York, the cash wage for food service employees receiving tips will be as follows:

  1. $9.00 per hour on or after December 31, 2021;
  2. $10.50 per hour on or after December 31, 2022;
  3. $12.50 per hour on or after December 31, 2023;
  4. $13.50 per hour on or after December 31, 2024;
  5. $15.00 per hour on or after December 31, 2025;

Beginning on December 31, 2025 the cash wage cannot be less than the minimum wage.

In Nassau, Suffolk, and Westchester Counties the cash wage for food service employees receiving tips will be as follows:

  1. $8.00 per hour on or after December 31, 2021;
  2. $9.50 per hour on or after December 31, 2022;
  3. $11.00 per hour on or after December 31, 2023;
  4. $13.00 per hour on or after December 31, 2024;
  5. $15.00 per hour on or after December 31, 2025;

Beginning on December 31, 2025 the cash wage cannot be less than the minimum wage.

In all other counties the cash wage for food service employees receiving tips will be as follows:

  1. $8.00 per hour on or after December 31, 2021;
  2. $9.25 per hour on or after December 31, 2022;
  3. $10.50 per hour on or after December 31, 2023;
  4. $11.50 per hour on or after December 31, 2024;
  5. $12.50 per hour on or after December 31, 2025;

Beginning on December 31, 2025 the cash wage cannot be less than the minimum wage.

For miscellaneous industry workers receiving tips pursuant to 12 NYCRR part 142 working in the City of New York must not be less than:

A. $13.15 or $13.85 per hour for high tip and low tip employees, respectively on or after June 30, 2020;

B. $15.00 per hour for both high tip and low tip employees, on or after December 31, 2020.

Beginning on December 31, 2022 the cash wage cannot be less than the minimum wage.

For miscellaneous industry workers receiving tips pursuant to 12 NYCRR part 142 working in the Nassau, Suffolk, and Westchester counties must not be less than:

  1. $11.40 or $12.00 per hour for high tip and low tip employees, respectively on or after June 30, 2020;
  2. $14.00 per hour for both high tip and low tips employees, on or after December 31, 2020.

Beginning on December 31, 2022 the cash wage cannot be less than the minimum wage.

For miscellaneous industry workers receiving tips pursuant to 12 NYCRR part 142 working In all other counties must not be less than:

  1. $10.35 or $10.90 per hour for high tip and low tip employees, respectively on or after June 30, 2020;
  2. $12.50 per hour for both high tip and low tips employees, on or after December 31, 2020.

Beginning on December 31, 2022 the cash wage cannot be less than the minimum wage.

"Miscellaneous industry worker" means any employee covered by the minimum wage order for miscellaneous industries and occupations pursuant to the provisions of 12 NYCRR part 142, including, but not limited to, car wash attendants, nail salon workers, tow truck drivers, dog groomers, wedding planners, tour guides, valet parking attendants, hairdressers, aestheticians, golf and tennis instructors, and door-persons.

SB 1214 - AN ACT to amend the labor law, in relation to the schedules that work act

Issue: Wage and Hour (Predictive Scheduling)

This measure allows an employee to request a change in work conditions and requires the employer to pay an employee for hours assigned but not worked.

This measure states that an employee may request a change in their terms and conditions of employment as it relates to the number of hours the employee is required to work or be on call for work, the times when the employee is required to work or be on call for work, the location where the employee is required to work, the amount of notification the employee receives of work schedule assignments, and minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. The employer may deny this request for any reason that is lawful unless the employee makes the request due to a serious health condition of the employee, the employee's responsibilities as a caregiver, the employee's enrollment in a career-related educational or training program, or if a part-time employee makes a request for such a change for a reason related to a second job, in which case they may only deny the request for a bona fide business reason.

This measure states that an employer must pay a retail, food service, or cleaning employee:

(a) for at least four hours at the regular rate of pay of the employee involved for each day the employee reports for work, as required by the employer, but is given less than four hours of work, except that if the employee's scheduled hours for a day are less than four hours

(b) for at least one hour at the regular rate of pay of the employee involved for each day the employee is given specific instructions to contact the employer, or wait to be contacted by the employer, less than twenty-four hours in advance of the start of a potential work shift to determine whether the employee must report to work for such shift.

An employer shall pay a retail, food service, or cleaning employee for one additional hour at the employee's regular rate of pay for each day during which the employee works a split shift. On or before a new retail, food service, or cleaning employee's first day of work, the employer shall inform the employee in writing of the work schedule of the employee involved and the minimum number of expected work hours the employee will be assigned to work per month.

"Bona fide business reason" means the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility; a significant detrimental effect on the employer's ability to meet organizational needs or customer demand;  a significant inability of the employer, despite best efforts, to reorganize work among existing staff;a significant detrimental effect on business performance; insufficiency of work during the periods an employee proposes to work; and the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer's ability to meet organizational needs

SB 1328 - AN ACT to amend the labor law, in relation to establishing a training wage

Issue: Minimum Wage

This measure establishes a training wage that may be paid to a person under 18 with no prior job experience.

This measure states that a training wage equal to eighty-five percent of the state minimum wage or one hundred percent of the federal minimum wage, whichever is less, may be paid to a youth who has no prior job experience. Any youth who receives a training wage and who did not work more than one hundred eighty days in the preceding calendar year shall receive, at a minimum, an annual increase in wages equal to twenty-five percent of the difference between the training wage and the state minimum wage until such youth reaches the age of eighteen.

No youth will be paid a training wage for more than one hundred eighty days. Employers are limited to twenty percent of their workforce, or no more than six employees receiving a training wage at any one particular location. At no time will a youth receiving a training wage be used to displace an employee who is receiving a wage equal to or greater than the state minimum wage.

"Youth" means a person who has not yet reached the age of eighteen.