BILL NUMBER:S1985

TITLE OF BILL:  An act to amend the labor law, in relation to
authorizing certain employees represented by a collective bargaining
representative to work more than six days a week on a voluntary basis

PURPOSE:

This bill would help ensure that employees who are covered by a
collective bargaining agreement that authorizes the employees to work
more than six consecutive days within a weekly period are able to do
so without the need to obtain a labor variance from the Department of
Labor.

SUMMARY OF PROVISIONS:

This bill amends section 161 of the labor law (mandatory day of rest
provisions)to add a new subdivision 2 (g) which will allow employees
represented by a collective bargaining unit to work purely voluntary
overtime when the term of the collective bargaining agreement provide
that the employee may do so.

JUSTIFICATION:

Labor law section 161 currently provides that employers who operate a
factory, mercantile establishment, hotel, restaurant or elevator
              

service must provide every employee with at least 24 consecutive hours
of rest within a calendar week. Labor law 161 (2) provides certain
limited exemptions to this mandate. Labor law section 161 (5) also
authorizes an employer to the Commissioner of Labor for the issuance
of labor variances which will allow an employer to deviate from this
practice for a period of time when an employer can demonstrate that
practical difficulties or unnecessary hardship will occur if the
variance is not granted. For example, an employer may face a pressing
production mandate within a certain period of time.  These variance
are granted by the department on a case by case basis for a specific
time period when the specific circumstances dictate.  In most
instances, the company employees desire the overtime that the variance
will allow. This bill will avoid the necessity of applying to the
Department for a variance when a collective bargaining agreement
contemplates the use of additional work days and has been agreed upon
by the employer and the collective bargaining unit for mutual benefit.

LEGISLATIVE HISTORY:

2013,2014: S.4645 Referred to Labor

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.