Enacts "the construction reporting pay act"; provides that each laborer, worker or mechanic in the employ of a contractor who by request or permission of an employer reports for work on any day shall be paid no less than four hours at the prevailing rate of wages.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6950
SPONSOR: Cruz TITLE OF BILL:
An act to amend the labor law, in relation to enacting "the construction
reporting pay act"
PURPOSE:
This bill seeks to protect construction workers by requiring employers
to provide four hours pay at the employee's regular hourly rate when a
worker comes to a job site and is sent home without cause and two hours
of pay at the same rate if an employee is not given 12 hours' notice by
an employer not to report to work.
SUMMARY OF PROVISIONS:,
Section 1: short title.
Section 2: sets forth the legislative intent.
Section 3: adds a new section 224-g related to minimum pay requirements
for the construction industry, including all projects where Labor Law
220 applies.
Section 4: adds a new section 196-e related to minimum pay requirements
for the construction industry.
Section 5: effective date.
JUSTIFICATION:
In 2017, the Department of Labor promulgated new "Call in Pay" regu-
lations meant to require that employers covered by the New York State
Miscellaneous Wage Order pay a minimum of four hours' pay, or the pay
for the worker's regularly scheduled shift, whichever is less, at the
basic minimum hourly wage. This regulation is intended to prevent the
scheduling of employees for work and then the cancellation of their
shift after they have already reported to work. This situation creates
hardship for working people who show up for work and are counting on
that pay to pay their bills and support their families. While the
actions taken in 2017 were a step in the right direction, they have
failed to adequately address the prevalence of this issue in the
construction industry. The current Department of Labor rules are an
inadequate deterrent. Minimum wage is far lower than the prevailing rate
or negotiated hourly rate paid. on most construction jobs. As a result,
employers can cancel shifts and send workers home they still save
significant money by paying the amount required pursuant to regulations.
This bill seeks to remedy this situation by requiring that employers in
the construction industry provide four hours pay at the prevailing or
negotiated rate if a worker comes to the job and is sent home, and two
(2) hours pay at that rate if a shift is canceled with less than twelve
(12) hours' notice.
This legislation is about equity and fairness for construction workers
and ensuring.that the spirit of the actions taken surrounding call-in
pay in 2017 are upheld.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
6950
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to enacting "the construction
reporting pay act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "the construction reporting pay act".
3 § 2. Legislative intent and findings. The legislature finds that
4 employees in construction are entitled to the same scheduling, reliabil-
5 ity, and predictability as other fields of employment. The legislature
6 further finds that reliable and predictable scheduling will create a
7 more harmonious relationship between labor and management, leading to an
8 overall better and safer working environment.
9 § 3. The labor law is amended by adding a new section 224-g to read as
10 follows:
11 § 224-g. Wage requirements for reporting and scheduling pay. 1.
12 Notwithstanding any law, rule or regulation to the contrary, for any
13 construction projects covered by sections two hundred twenty, two
14 hundred twenty-b, two hundred twenty four-a, two hundred twenty four-d,
15 two hundred twenty four-e, two hundred twenty four-f as added by section
16 three of part TT of chapter fifty-six of the laws of two thousand twen-
17 ty-three, or two hundred twenty four-f as added by chapter two hundred
18 seventy-eight of the laws of two thousand twenty-three, each laborer,
19 worker or mechanic in the employ of a contractor who by request or
20 permission of an employer reports for work on any day shall be paid no
21 less than four hours at the prevailing rate of wages, including supple-
22 ments, as defined in this article for the employee's regularly scheduled
23 classification of work, however, this section shall not be applicable if
24 the posted prevailing rate of wages provides for reporting pay wages or
25 benefits greater than set forth in this section. Payments owed to an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09757-01-5
A. 6950 2
1 employee pursuant to this section shall be deemed prevailing rate of
2 wages or supplements as defined in this article.
3 2. Notwithstanding any law, rule or regulation to the contrary, each
4 laborer, worker or mechanic in the employ of a contractor who by request
5 or permission of an employer is scheduled to report for work on any day
6 shall be paid for two hours at the prevailing rate of wages, including
7 supplements, as defined in this article for the regularly scheduled
8 classification of work when such scheduled shift is cancelled on less
9 than twelve hours' notice to the employee.
10 § 4. The labor law is amended by adding a new section 196-e to read as
11 follows:
12 § 196-e. Construction industry reporting pay provisions. 1. Notwith-
13 standing any law, rule or regulation to the contrary, an employee
14 engaged in construction, as defined in subdivision one of section eight
15 hundred sixty-one-b of this chapter, who by request or permission of an
16 employer reports for work on any day shall be paid for at least four
17 hours, or the number of hours in the regularly scheduled shift, whichev-
18 er is less, at the employee's promised hourly wage.
19 2. Notwithstanding any law, rule or regulation to the contrary, an
20 employee engaged in construction, as defined in subdivision one of
21 section eight hundred sixty-one-b of this chapter, who by request or
22 permission of an employer is scheduled to report for work on any day
23 shall be paid for two hours at the employee's promised hourly wage when
24 such scheduled shift is cancelled on less than twelve hours' notice to
25 the employee. Payments owed to an employee pursuant to this section
26 shall be deemed wages as defined in this article.
27 § 5. This act shall take effect on the ninetieth day after it shall
28 have become a law. Effective immediately, the addition, amendment and/or
29 repeal of any rule or regulation necessary for the implementation of
30 this act on its effective date are authorized to be made and completed
31 on or before such effective date.
