Bill Text: NY A04644 | 2017-2018 | General Assembly | Introduced
Bill Title: Excludes certain seasonal fair workers from the definition of employee for purposes of the minimum wage act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-01-03 - referred to labor [A04644 Detail]
Download: New_York-2017-A04644-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4644 2017-2018 Regular Sessions IN ASSEMBLY February 3, 2017 ___________ Introduced by M. of A. MAGEE, McLAUGHLIN, LOPEZ, STIRPE, BRINDISI -- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the mini- mum wage act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 651 of the labor law, as amended 2 by chapter 481 of the laws of 2010, the opening paragraph as amended by 3 chapter 503 of the laws of 2016, is amended to read as follows: 4 5. "Employee" includes any individual employed or permitted to work by 5 an employer in any occupation, but shall not include any individual who 6 is 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 labor on a 8 farm; (c) in a bona fide executive, administrative, or professional 9 capacity; (d) as an outside salesman; (e) as a driver engaged in operat- 10 ing a taxicab; (f) as a volunteer, learner or apprentice by a corpo- 11 ration, unincorporated association, community chest, fund or foundation 12 organized and operated exclusively for religious, charitable or educa- 13 tional purposes, no part of the net earnings of which inures to the 14 benefit of any private shareholder or individual; (g) as a member of a 15 religious order, or as a duly ordained, commissioned or licensed minis- 16 ter, priest or rabbi, or as a sexton, or as a christian science reader; 17 (h) in or for such a religious or charitable institution, which work is 18 incidental to or in return for charitable aid conferred upon such indi- 19 vidual and not under any express contract of hire; (i) in or for such a 20 religious, educational or charitable institution if such individual is a 21 student; (j) in or for such a religious, educational or charitable 22 institution if the earning capacity of such individual is impaired by 23 age or by physical or mental deficiency or injury; (k) in or for a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08773-01-7A. 4644 2 1 summer camp or conference of such a religious, educational or charitable 2 institution for not more than three months annually; (l) as a staff 3 counselor in a children's camp; (m) in or for a college or university 4 fraternity, sorority, student association or faculty association, no 5 part of the net earnings of which inures to the benefit of any private 6 shareholder or individual, and which is recognized by such college or 7 university, if such individual is a student; (n) by a federal, state or 8 municipal government or political subdivision thereof; (o) as a volun- 9 teer at a recreational or amusement event run by a business that oper- 10 ates such events, provided that no single such event lasts longer than 11 eight consecutive days and no more than one such event concerning 12 substantially the same subject matter occurs in any calendar year, where 13 (1) any such volunteer shall be at least eighteen years of age, (2) a 14 business seeking coverage under this paragraph shall notify every volun- 15 teer in writing, in language acceptable to the commissioner, that by 16 volunteering his or her services, such volunteer is waiving his or her 17 right to receive the minimum wage pursuant to this article, and (3) such 18 notice shall be signed and dated by a representative of the business and 19 the volunteer and kept on file by the business for thirty-six months; 20 [or] (p) in the delivery of newspapers or shopping news to the consumer 21 by a person who is not performing commercial goods transportation 22 services for a commercial goods transportation contractor within the 23 meaning of article twenty-five-C of this chapter; or (q) an employee of 24 a traveling amusement or recreational establishment who resides outside 25 of this state, provided that (i) such establishment adheres to current 26 state minimum wage rates for all employees, (ii) such establishment 27 meets the business operations criteria established under paragraph three 28 of subdivision a of section thirteen of the federal fair labor standards 29 act, and (iii) such person is employed in his or her capacity as an 30 employee on the premises of a county or agricultural fairground; 31 provided, however, that the provisions of this paragraph shall not 32 supersede the terms of a collective bargaining agreement or apply to a 33 policy that is the result of a collective bargaining agreement between 34 an employer and a recognized or certified employee organization. The 35 exclusions from the term "employee" contained in this subdivision shall 36 be as defined by regulations of the commissioner. The exclusions from 37 the term "employee" contained in this subdivision shall be as defined by 38 regulations of the commissioner. 39 "Employee" also includes any individual employed or permitted to work 40 in any non-teaching capacity by a school district or board of cooper- 41 ative educational services except that the provisions of sections six 42 hundred fifty-three through six hundred fifty-nine of this article shall 43 not be applicable in any such case. 44 § 2. This act shall take effect on the thirtieth day after it shall 45 have become a law.
