New York S 3871: Requires employers of retail, food service or cleaning employees to give such employees 7 day notice of their work schedule and a months notice of the minimum hours of work

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S03871 Summary:

BILL NOS03871 

&nbsp

SAME ASSAME AS A00392

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 5 Title 2 §§171 - 176, Lab L

&nbsp

Requires employers of retail, food service or cleaning employees to give such employees 7 days' notice of their work schedule and a month's notice of the minimum hours of work; provides a private right of action to employees who are aggrieved by certain violations of such provisions.

Go to top S03871 Actions:

BILL NOS03871 

&nbsp

01/30/2025REFERRED TO LABOR

Go to topS03871 Committee&nbspVotes:

Go to topS03871 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03871 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3871

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- 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 employee work schedules

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 5 of the labor law is amended by adding a new title
 2 2 to read as follows:
 3 TITLE 2
 4 SPECIAL REQUIREMENTS
 5 Section 171. Definitions.
 6 172. Advanced notice requirements.
 7 173. Exchange of shifts.
 8 174. Prohibited acts.
 9 175. Exceptions.
 10 176. Enforcement.
 11 § 171. Definitions. As used in this title:
 12 1. "Employer" shall mean any person, corporation, limited liability
 13 company, limited liability partnership or association employing five
 14 hundred or more full-time employees nationwide or a proportional number
 15 of part-time employees, who employs a retail employee, food service
 16 employee or cleaning employee.
 17 2. "Employee" shall mean an individual employed as a retail employee,
 18 food service employee or cleaning employee by an employer.
 19 3. "Retail employee" shall mean any employee primarily engaged in the
 20 sale of items at a retail store engaged in the sale of items to consum-
 21 ers.
 22 4. "Food service employee" shall mean any employee primarily engaged
 23 in the service of food or beverage to guests, patrons or customers in
 24 the hotel or restaurant industry, including but not limited to, wait
 25 staff, bartenders, captains and busing personnel; and who regularly
 26 receives tips from such guests, patrons or customers.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01407-01-5

 S. 3871 2

 1 5. "Cleaning employee" shall mean any employee primarily engaged in
 2 activities involving cleaning in a commercial context at a commercial or
 3 residential setting including, but not limited to, janitors, maids,
 4 housekeeping cleaners and building cleaners.
 5 § 172. Advanced notice requirements. 1. On or before the first day of
 6 employment of a retail employee, food service employee or cleaning
 7 employee, the employer or its designee shall provide notice to such
 8 employee in writing of the employee's work schedule and the minimum
 9 number of hours the employee will be assigned on a monthly basis. Upon
 10 the provisions of such notice to such an employee, the employer or its
 11 designee shall obtain from the employee a signed and dated written
 12 acknowledgement, in English and in the primary language of the employee,
 13 of receipt of the notice, which the employer shall preserve and maintain
 14 for a period of six years.
 15 2. On or before the seventh day after the effective date of this
 16 section and every seven days thereafter, each employer or its designee
 17 shall provide each employee with the days that the employee has been
 18 assigned to work and the hours of work on those days in writing. Sched-
 19 uling notices shall additionally be posted in a conspicuous place in
 20 every workplace of the employer and may be requested by electronic
 21 means.
 22 3. The provisions of this section shall not apply during any period
 23 where regular operations of the employer are suspended as a result of
 24 events beyond the employer's control.
 25 § 173. Exchange of shifts. Any employees who work for the same em