A05220 Summary:

BILL NO    A05220 

SAME AS    SAME AS S03686

SPONSOR    Cusick (MS)

COSPNSR    Perry

MLTSPNSR   Clark

Amd S143, Lab L

Provides that students may be employed for up to five hours on any day
preceding a school day as a qualified lifeguard or aquatic supervisory staff,
provided that the employer receives and maintains both the written consent of
the minor's parent or guardian and a certificate which shall be provided to the
employer at the end of each marking period by the minor's school which shall
assert that such minor is in satisfactory academic standing.
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A05220 Actions:

BILL NO    A05220 

02/13/2015 referred to labor
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A05220 Votes:

There are no votes for this bill in this legislative session.
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A05220 Memo:

BILL NUMBER:A5220

TITLE OF BILL:

An act to amend the labor law, in relation to work hours for
lifeguards

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would allow certified lifeguards age 16-17 years old,
to work for up to five hours on any day preceding a school day other
than a Sunday or holiday with certain exceptions.

SUMMARY OF SPECIFIC PROVISIONS:

Amends paragraph a of subdivision 1 of section 143 of the labor law,
as amended by chapter 546 of the laws of 1992.

JUSTIFICATION:

Currently, minors sixteen and seventeen years of age may not be
employed for more than four hours on any day preceding a school day
other than on a Sunday or holiday while school is in session. Though
this law aims to protect minors and encourage them to remain in
school, certain situations warrant an exemption. Under this
legislation, an employer who receives and maintains both the written
consent of the minor's parent or guardian and a certificate provided
by the school that states the student is in satisfactory academic
standing, along with the student's certified lifeguard documentation,
he or she may employ that student in a lifeguard position for up to
five hours. For the most part, establishments such as hotels or
private facilities who employ lifeguards, have shifts longer than four
hours. Students, who have worked hard and demonstrated that they are
responsible individuals by meeting the qualifications and testing to
become a certified lifeguard, often miss out on these jobs because
they are not allowed to work the full shift. In addition, many seniors
in high school do not have a full day of school. In some cases seniors
are out of school by noon and have an entire afternoon where they
could be gainfully employed as opposed to hanging around the malls or
at home. Giving responsible teenagers the opportunity to work these
lifeguard shifts allows them to earn money for their future and,
hopefully, for college. It also keeps them busy carrying out a
responsible and meaningful job.

PRIOR LEGISLATIVE HISTORY:

2013-2014: A.5224 - Passed Assembly/S.3597 - Died in Labor;
2011-2012: A.367-Passed Assembly/S.7162 - Referred to Labor;
2009-2010: S.494 Referred to Labor/A.2541 - Passed Assembly;
2007-2008: S.6245 - 3rd Reading Calendar/A.9228 - Passed Assembly;

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediately.
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A05220 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5220

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 13, 2015
                                      ___________

       Introduced  by  M. of A. CUSICK, PERRY -- Multi-Sponsored by -- M. of A.
         CLARK -- read once and referred to the Committee on Labor

       AN ACT to amend the labor law, in relation to work hours for lifeguards

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Paragraph  a of subdivision 1 of section 143 of the labor
    2  law, as amended by chapter 546 of the laws of 1992, is amended  to  read
    3  as follows:
    4    a.  (i)  More than four hours on any day preceding a school day, other
    5  than on a Sunday or holiday; (ii) except that  students  enrolled  in  a
    6  cooperative work experience program approved by the department of educa-
    7  tion  may  be employed for no more than six hours on any day preceding a
    8  school day, other than on a Sunday or holiday, if such hours of  employ-
    9  ment occur solely pursuant to such program. Any hours worked by students
   10  in  such programs shall be included when calculating the number of hours
   11  worked for purposes of subparagraph (i) of  this  paragraph;  AND  (III)
   12  EXCEPT  THAT  STUDENTS  MAY  BE EMPLOYED FOR UP TO FIVE HOURS ON ANY DAY
   13  PRECEDING A SCHOOL DAY AS A QUALIFIED LIFEGUARD OR  AQUATIC  SUPERVISORY
   14  STAFF  AS  DEFINED BY PART SIX OF TITLE TEN OF THE NEW YORK STATE CODES,
   15  RULES AND REGULATIONS, PROVIDED THE EMPLOYER RECEIVES AND MAINTAINS BOTH
   16  THE WRITTEN CONSENT OF THE MINOR'S PARENT OR GUARDIAN AND A  CERTIFICATE
   17  WHICH SHALL BE PROVIDED TO THE EMPLOYER AT THE END OF EACH MARKING PERI-
   18  OD BY THE MINOR'S SCHOOL WHICH SHALL ASSERT THAT SUCH MINOR IS IN SATIS-
   19  FACTORY  ACADEMIC  STANDING  ACCORDING  TO  THE STANDARDS IN SUCH SCHOOL
   20  DISTRICT; WHERE SUCH STUDENT MAINTAINS A PASSING GRADE AS DETERMINED  BY
   21  THE  EDUCATIONAL  INSTITUTION WHERE THE STUDENT IS ENROLLED, HAS WRITTEN
   22  PERMISSION FROM A PARENT OR LEGAL GUARDIAN AND WHERE SUCH STUDENT  MEETS
   23  ANY  OTHER  EDUCATIONAL  STANDARDS OR REQUIREMENT SET BY THE EMPLOYER OR
   24  HIRING AGENCY;
   25    S 2. This act shall take effect immediately.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01127-01-5
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