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.
STATE OF NEW YORK
________________________________________________________________________
4912
2025-2026 Regular Sessions
IN SENATE
February 14, 2025
___________
Introduced by Sen. S. RYAN -- 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 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
S. 4912 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.
