Requires employers of motor carriers to provide overtime pay to their employees.
TITLE OF BILL: An act to amend the labor law, in relation to overtime pay for employees of motor carriers
PURPOSE: This bill will allow motor car drivers doing business in New York state to collect an overtime rate of one and one-half times the worker's hourly wage for every hour worked in excess of forty hours per week.
SUMMARY OF PROVISIONS: The bill would add a new provision 160-a to the Labor Law to require motor carriers to pay their employees one and a half times their regular hourly wage for hours worked beyond 40 hours in any week.
EXISTING LAW: The federal Fair Labor Standards Act 29 USC sec. 213(b)(1) exempts motor carriers from the requirement to pay workers one and a half-time their hourly rate when they work more than 40 hours a week.
JUSTIFICATION: Motor carriers include armored car companies and other private or contract carriers that haul property or passengers on public highways in interstate or foreign commerce. Employees of such carriers often work long and difficult hours under stressful conditions. Armored car personnel, for example, frequently work fifty to sixty hours per week transporting thousands of dollars throughout New York state and nearby states while under constant surveillance and often confined to their vehicles. Motor carrier employees work under conditions that are regularly challenging and dangerous. Currently there are several amored car companies that voluntarily pay overtime after forty hours in New York. Some pay after fifty hours. This legislation would entitle all such workers to overtime pay.
PRIOR LEGISLATIVE HISTORY: 2010: Referred to Labor (Onorato) 2008: Similar bill S.7146/A.9992 Referred to Labor.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 672 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to overtime pay for employees of motor carriers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new section 160-a to read as follows: S 160-A. HOURS OF LABOR OF EMPLOYEES OF MOTOR CARRIERS. EVERY MOTOR CARRIER SHALL PAY TO ALL EMPLOYEES FOR WHOM THE U.S. SECRETARY OF TRANS- PORTATION MAY PRESCRIBE MAXIMUM HOURS OF WORK FOR THE SAFE OPERATION OF VEHICLES, PURSUANT TO SECTION 31502(B) OF THE FEDERAL MOTOR CARRIER ACT, 49 U.S.C. S.31502(B), AN OVERTIME RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE WORKER'S HOURLY WAGE, FOR EACH HOUR IN EXCESS OF FORTY HOURS WORKED IN ANY WEEK, NOTWITHSTANDING THE EXEMPTION OF SUCH EMPLOYEES PURSUANT TO THE FEDERAL FAIR LABOR STANDARDS ACT 29 U.S.C. 213(B)(1). S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02859-01-1