Definition of full day worked for certain employees who contract for other than a 5-day standard work week [I.D. No. AAC-24-15-00004-P] amending 2 NYCRR 315.3(b)(4)(ii)
Source: New York State Register, June 17, 2015
The purpose of the amendment of 2 NYCRR 315.3(b)(4)(ii), show below in italics, is to define full day worked for certain employees who contract for other than a 5 day standard work week. This is a “Consensus Rule Making Determination” for the sole purpose of defining a full day worked for certain full time employees. This amendment relates to the definition of a full day worked for certain full time employees and it has been determined that no person is likely to object to the adoption of the rule as written.
(ii) A full day worked shall be any day on which the employee performs paid service for at least the standard number of hours required for the position in which such service is rendered. In no event shall less than six hours be considered to be a full day.
For full time employees performing services pursuant to a collective bargaining agreement or contract that provides for other than a five day standard work week paid at straight time, an employer may report them at full time per their payroll cycle, provided the cumulative number of hours equal at least 120 hours a month. A full day worked for such employees shall be a minimum of six hours of accumulated time worked and paid at the straight time rate. The minimum number of hours which shall be reported as days worked, for the purpose of reporting preliminary credit, for a full year of service credit for such employees is 1,560 hours.
Public comment will be received until: 45 days after publication of this notice – June 17, 2015. Views or arguments may be submitted to:
Jamie Elacqua, Office of the State Comptroller, 110 State Street, Albany, NY 12236, (518) 473-4146,
Email: jelacqua@osc.state.ny.us