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S 9843

Enacts "the construction reporting pay act"

2025 Regular Session Introduced by Rachel May and 4 co-sponsors

The Construction Reporting Pay Act guarantees four hours of pay at the prevailing rate when workers are asked to report, and two hours if a scheduled shift is canceled with less th

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Bill Summary · S 9843

Summary: S. 9843 (2025-2026) — Enacts "the Construction Reporting Pay Act"

Overview

S. 9843, introduced in the New York State Senate, would add new wage protections specifically for construction industry workers. Titled the Construction Reporting Pay Act, the bill aims to ensure predictable scheduling and minimum pay for employees who report to work or are scheduled to report for work in construction projects. It provides paid “reporting pay” and paid “scheduling pay” when shifts are canceled with short notice, and it defines where these provisions apply within the Labor Law.

Key Provisions

1) New wage protections for reporting to work

  • Applies to construction projects covered by specified sections of the Labor Law (as added by prior laws).
  • If an employee reports for work at the request or permission of an employer, they must be paid at least:
    • Four hours at the prevailing wage rate (including supplements) for the employee’s regularly scheduled classification of work.
    • This is the minimum, unless the posted prevailing wage for that work already provides a higher amount.

2) New wage protections for scheduled reporting with short-notice cancellations

  • If an employee is scheduled to report for work but the scheduled shift is canceled with less than twelve hours’ notice, the employee must be paid:
    • Two hours at the prevailing wage rate (including supplements) for the employee’s regularly scheduled classification of work.
  • These payments are treated as wages for purposes of the Labor Law.

3) Revisions to Labor Law (Section 224-g)

  • Codifies the above “reporting pay” and “scheduling pay” requirements as a new section of the Labor Law.
  • Clarifies that if higher wages are mandated by existing prevailing wage schedules, those higher amounts apply instead of the minimums described in the act.

4) Revisions to Labor Law (Section 196-e)

  • Establishes the Construction Industry Reporting Pay Provisions:
    • If an employee in construction reports for work, they receive at least four hours (or actual hours worked if fewer) at their promised hourly wage.
    • If a scheduled shift is canceled with less than twelve hours’ notice, the employee is paid for two hours at their promised hourly wage.
  • Classifies these payments as wages under the act.

5) Effective date

  • The act takes effect on the ninetieth day after it becomes law.
  • The bill also allows immediate regulatory actions necessary for implementation to occur on or before the effective date.

Who Is Affected

  • Construction industry workers, including laborers, workers, and mechanics employed by contractors on covered projects.
  • Employers and contractors in the construction sector operating under the defined wage frameworks, including those already subject to prevailing wage laws.

Practical Impact and Implications

  • Improves predictability of earnings by guaranteeing minimum payments for:
    • Reporting to work (4 hours at prevailing rate, if requested to report).
    • Short-notice cancellation of scheduled work (2 hours at prevailing rate).
  • Encourages more consistent scheduling practices and provides financial protection when shifts are canceled or when workers are asked to report on short notice.
  • Provides a framework for enforcement as wages under the Labor Law.

Note on Status

  • As of the provided text, the bill has been referred to the Senate Committee on Labor and has undergone initial reporting readings. If enacted, it would become law with an effective date to be determined by the act’s provisions.

Compiled from official sources — confirm details with the bill’s official record.

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