Bill Text: NY A03103 | 2021-2022 | General Assembly | Introduced

Bill Title: Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Introduced) 2021-01-22 - referred to labor [A03103 Detail]

Download: New_York-2021-A03103-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021

        Introduced  by  M. of A. STECK -- Multi-Sponsored by -- M. of A. BARRON,
          BARBARA,  SEAWRIGHT, SIMON, STERN, WEPRIN -- read once and referred to
          the Committee on Labor

        AN ACT to amend the labor law, in  relation  to  the  minimum  wage  for
          employees with disabilities

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

     1    Section 1. The opening paragraph of subdivision 5 of  section  651  of
     2  the labor law, as amended by chapter 105 of the laws of 2019, is amended
     3  to read as follows:
     4    "Employee" includes any individual employed or permitted to work by an
     5  employer  in any occupation, but shall not include any individual who is
     6  employed or permitted to work: (a) on a casual basis  in  service  as  a
     7  part  time  baby  sitter in the home of the employer; (b) in a bona fide
     8  executive, administrative, or professional capacity; (c) as  an  outside
     9  salesman;  (d)  as  a  driver  engaged  in operating a taxicab; (e) as a
    10  volunteer, learner or apprentice by a corporation, unincorporated  asso-
    11  ciation,  community  chest,  fund  or  foundation organized and operated
    12  exclusively for religious, charitable or educational purposes,  no  part
    13  of the net earnings of which inures to the benefit of any private share-
    14  holder or individual; (f) as a member of a religious order, or as a duly
    15  ordained,  commissioned  or  licensed minister, priest or rabbi, or as a
    16  sexton, or as a christian science reader; (g) in or for such a religious
    17  or charitable institution, which work is incidental to or in return  for
    18  charitable  aid conferred upon such individual and not under any express
    19  contract of hire; (h) in or for such a religious, educational or  chari-
    20  table institution if such individual is a student; (i) [in or for such a
    21  religious, educational or charitable institution if the earning capacity
    22  of such individual is impaired by age or by physical or mental deficien-

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

        A. 3103                             2

     1  cy or injury; (j)] in or for a summer camp or conference of such a reli-
     2  gious,  educational  or  charitable  institution for not more than three
     3  months annually; [(k)] (j) as a staff counselor in  a  children's  camp;
     4  [(l)]  (k)  in  or  for  a  college  or university fraternity, sorority,
     5  student association or faculty association, no part of the net  earnings
     6  of which inures to the benefit of any private shareholder or individual,
     7  and  which is recognized by such college or university, if such individ-
     8  ual is a student; [(m)] (l) by a federal, state or municipal  government
     9  or  political  subdivision thereof; [(n)] (m) as a volunteer at a recre-
    10  ational or amusement event run by a business that operates such  events,
    11  provided  that  no single such event lasts longer than eight consecutive
    12  days and no more than one such event concerning substantially  the  same
    13  subject matter occurs in any calendar year, where (1) any such volunteer
    14  shall be at least eighteen years of age, (2) a business seeking coverage
    15  under  this  paragraph  shall  notify  every  volunteer  in  writing, in
    16  language acceptable to the commissioner, that by volunteering his or her
    17  services, such volunteer is waiving his or  her  right  to  receive  the
    18  minimum  wage  pursuant  to  this  article, and (3) such notice shall be
    19  signed and dated by a representative of the business and  the  volunteer
    20  and  kept on file by the business for thirty-six months; or [(o)] (n) in
    21  the delivery of newspapers or shopping news to the consumer by a  person
    22  who  is  not  performing  commercial goods transportation services for a
    23  commercial goods transportation contractor within the meaning of article
    24  twenty-five-C of this chapter. The exclusions from the  term  "employee"
    25  contained  in this subdivision shall be as defined by regulations of the
    26  commissioner.
    27    § 2. Paragraph (c) of subdivision 5 of section 655 of the  labor  law,
    28  as  amended  by  chapter  747 of the laws of 1978, is amended to read as
    29  follows:
    30    (c) The wage board may also recommend,  to  the  extent  necessary  in
    31  order  to  prevent  curtailment  of  opportunities for employment, regu-
    32  lations for (1)  the  employment  of  learners  and  apprentices,  under
    33  special  certificates  issued  by  the commissioner, at such wages lower
    34  than the minimum wage established by this article and  subject  to  such
    35  limitations  as  to  time,  number,  proportion and length of service as
    36  shall be prescribed in such regulation, (2) [the employment of  individ-
    37  uals  whose  earning capacity is affected or impaired by youth or age or
    38  by physical or mental deficiency or injury, under  special  certificates
    39  issued  by  the  commissioner, at such wages lower than the minimum wage
    40  established by this article and for such period as shall  be  prescribed
    41  in  such  regulation,  (3)]  the establishment of a period not extending
    42  beyond seventeen consecutive weeks during which a resort hotel  or  camp
    43  may employ students under special certificates issued by the commission-
    44  er,  at such wages lower than the minimum wage established by this arti-
    45  cle as shall be prescribed in such regulation, and [(4)] (3) the employ-
    46  ment  of  residential  employees  in  a  non-profit  making   religious,
    47  charitable or educational organization or in a non-profit making college
    48  or  university  sorority or fraternity under special certificates issued
    49  by the commissioner at such weekly wage as shall be prescribed  in  such
    50  regulation.
    51    §  3.  This act shall take effect on the thirty-first of December next
    52  succeeding the date upon which it shall have  become  a  law.  Effective
    53  immediately,  the addition, amendment and/or repeal of any rule or regu-
    54  lation by the department of labor necessary for  the  implementation  of
    55  this  act  on  its effective date are authorized to be made on or before
    56  such effective date.