HomeArchitecture/planningNew York expands worker protections with construction call-in pay law

New York expands worker protections with construction call-in pay law

Design and Construction Report staff writer

New York Gov. Kathy Hochul three bills during her annual Labor Appreciation Reception at the CUNY School of Labor and Urban Studies, expanding wage, privacy and workplace protections for workers, including a new law requiring construction employers to compensate workers when shifts are cancelled or they are sent home unexpectedly.

“New York has the best workforce in the nation. Our workers power our economy, build our communities and keep our state moving forward every single day,” Hochul said. “These common sense laws will put money in workers’ pockets, safeguard their personal information and ensure that a hard day’s work is met with a fair day’s pay.”

The Construction Reporting Pay Act, A6950/S9843, establishes new call-in and show-up pay requirements for construction workers.

Under existing law, workers who report to work are generally entitled to four hours of pay at the minimum wage. The new legislation requires construction workers to receive two hours of pay at their regular rate when a shift is cancelled with less than 12 hours’ notice.

Workers who report to a job site but are sent home without cause must receive four hours of pay at their regular rate.

The legislation addresses the unpredictable scheduling that can occur in construction, including last-minute cancellations that can leave workers without compensation despite having made arrangements to report for a shift.

“We applaud Governor Hochul and the New York State Legislature for the passage and signing of historic legislation extending call in and show up pay protections to construction workers,” said Donato A. Bianco Jr., vice-president and New England regional manager of the Laborers’ International Union of North America.

“The Construction Reporting Pay Act ensures workers receive the wages they deserve despite the inherently unpredictable nature of construction industry work schedules.”

The New York State Building Trades also supported the legislation.

“The Construction Reporting Pay Act will provide all construction workers with a baseline level of income stability and fairness so that circumstances beyond their control do not plunge them into economic hardship,” said New York State Building Trades President Gary LaBarbera.

“These wage and hour protections will ensure that our tradesmen and tradeswomen are compensated appropriately for their time and effort.”

A10835-A/S9577-A gives the state attorney general authority to seek $1,000 in damages for each violation involving individuals who fraudulently represent themselves as union representatives. The measure is intended to protect union members from outside groups that deceptively seek personal or protected information.

The third measure, A.2107/S.3460, gives employees access to their personnel files and requires them to be notified when a negative report is filed against them.

New York will join at least 17 other states with laws guaranteeing employees access to their personnel files.

Hochul said the measures are intended to strengthen workplace protections while supporting workers’ economic security.

“I want to thank our labor partners and bill sponsors for their leadership as we continue building a safer, stronger and more affordable New York for all,” she said.

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