NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6658
SPONSOR: Jones TITLE OF BILL:
An act to amend the general municipal law, in relation to limiting the
number of hours certain public employees can work
PURPOSE:
The proposed legislation would add a new section of the general munici-
pal law to prohibit any political subdivision of the State of New York
from requiring an employee to work more than seventeen hours in any
given work day except as provided in an applicable collective bargaining
agreement.
SUMMARY OF PROVISIONS:
Adds a new section 90-b to the general municipal law to prohibit poli-
tical subdivisions of the State of New York from requiring any employee
to work more than seventeen hours in any given work day except as
provided in an applicable collective bargaining agreement.
JUSTIFICATION:
This bill is needed due to the fact that the NYC Department of
Corrections has been assigning employees to work triple shifts without
regard to the health and safety of its employees. The legislation amends
the labor law and is intended to supersede any local laws allowing the
practice. No municipal employee should be mandated to work a triple
shift. In circumstances wherein a triple shift may be to the benefit of
both the employer and the employee, or in the case of a true emergency,
sufficient safeguards must be contractually negotiated.
Currently, existing law allows certain municipalities to force workers
to work in excess of 17 hours a day. This is particularly true in the
case of the New York City Department of Corrections which has forced
Correction Officers to work triple shifts. This practice is permitted
under the NYC Administrative Code in emergency situations but has not
been negotiated in contract and the practice is occurring regardless of
declarations of emergency.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6658
2025-2026 Regular Sessions
IN ASSEMBLY
March 6, 2025
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the general municipal law, in relation to limiting the
number of hours certain public employees can work
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 90 of the general municipal law, as amended by
2 section 13 of part B of chapter 504 of the laws of 2009, is amended to
3 read as follows:
4 § 90. Payment of overtime compensation to public officers or employ-
5 ees. (a) The governing board of each municipal corporation or other
6 civil division or political subdivision of the state, or in the city of
7 New York, the mayor, by ordinance, local law, resolution, order or rule,
8 may provide for the payment of overtime compensation to any or all
9 public officers except elective officers and those officers otherwise
10 excluded by law and to any or all public employees under their jurisdic-
11 tion at the regular basic pay rate of such officers or employees for all
12 time such officers or employees are required to work in excess of their
13 regularly established hours of employment or at such other rate as such
14 governing board, or in the city of New York, the mayor, may authorize.
15 The amounts received as overtime compensation under this section shall
16 be regarded as salary or compensation for any of the purposes of any
17 pension or retirement system of which the officer or employee receiving
18 the same is a member, except as set forth in sections five hundred one,
19 six hundred one, and twelve hundred three of the retirement and social
20 security law. Such overtime compensation shall not be regarded as salary
21 or compensation for the purpose of determining the right to any increase
22 of salary or any salary increment on account of length of service or
23 otherwise. No such overtime compensation shall be construed to consti-
24 tute a promotion.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09541-01-5
A. 6658 2
1 (b) This section shall apply to all employees of each municipal corpo-
2 ration or other civil division or political subdivision of the state. No
3 person to whom this section is applicable shall be required to work in
4 excess of seventeen hours in any given work day, except as provided in
5 an applicable collective bargaining agreement.
6 § 2. This act shall take effect on the thirtieth day after it shall
7 have become a law.
