Bill Text: NY A09726 | 2019-2020 | General Assembly | Introduced


Bill Title: Exempts service as a farm laborer where such service is an internship granting college course credit from the definition of employee and employment for the purposes of certain workers' compensation benefits.

Spectrum: Strong Partisan Bill (Republican 22-2)

Status: (Introduced) 2020-02-25 - enacting clause stricken [A09726 Detail]

Download: New_York-2019-A09726-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9726

                   IN ASSEMBLY

                                    February 6, 2020
                                       ___________

        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Labor

        AN ACT to amend the workers' compensation law, in relation to  exempting
          farm laborer internships earning college credit from the definition of
          employee and employment

          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 4 of section 2 of  the
     2  workers'  compensation  law,  as  amended  by chapter 503 of the laws of
     3  2016, is amended to read as follows:
     4    "Employee" means a person engaged in one of the occupations enumerated
     5  in section three of this article or who is in the service of an employer
     6  whose principal business is that of carrying on or conducting a  hazard-
     7  ous  employment  upon  the premises or at the plant, or in the course of
     8  his or her employment away from  the  plant  of  his  or  her  employer;
     9  "employee" shall also mean for the purposes of this chapter any individ-
    10  ual  performing  services  in construction for a contractor who does not
    11  overcome the presumption of employment as provided under  section  eight
    12  hundred sixty-one-c of the labor law; "employee" shall also mean for the
    13  purposes  of  this  chapter  any  individual  performing services in the
    14  commercial goods transportation industry for a commercial  goods  trans-
    15  portation contractor who does not overcome the presumption of employment
    16  as  provided  under  section eight hundred sixty-two-b of the labor law;
    17  "employee" shall also mean  for  the  purposes  of  this  chapter  civil
    18  defense  volunteers who are personnel of volunteer agencies sponsored or
    19  authorized by a local office under  regulations  of  the  civil  defense
    20  commission,  to  the  extent  of  the provisions of groups seventeen and
    21  nineteen; "employee" shall at the election of  a  municipal  corporation
    22  made  pursuant to local law duly enacted also mean a member of an auxil-
    23  iary police organization authorized by local law; and for  the  purposes
    24  of this chapter only a newspaper carrier under the age of eighteen years
    25  as  defined  in section thirty-two hundred twenty-eight of the education
    26  law, but shall not include delivery of newspapers or  shopping  news  to
    27  the  consumer  (including any services directly related to such trade or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15033-02-0

        A. 9726                             2

     1  business) by a person who is not performing commercial goods transporta-
     2  tion services for a commercial goods  transportation  contractor  within
     3  the  meaning  of  article  twenty-five-C of the labor law, and shall not
     4  include  domestic  servants  except as provided in section three of this
     5  chapter, and except where the employer has elected to bring such employ-
     6  ees under the law by securing compensation in accordance with the  terms
     7  of  section fifty of this chapter. The term "employee" shall not include
     8  persons who are members of a supervised amateur athletic activity  oper-
     9  ated  on  a  non-profit  basis,  provided that said members are not also
    10  otherwise engaged or employed by any person, firm or corporation partic-
    11  ipating in said athletic activity, nor shall it include  the  spouse  or
    12  minor  child  of an employer who is a farmer unless the services of such
    13  spouse or minor child shall be engaged by said employer under an express
    14  contract of hire nor shall it include an executive officer of  a  corpo-
    15  ration  who  at  all  times  during  the period involved owns all of the
    16  issued and outstanding stock of the corporation and  holds  all  of  the
    17  offices  pursuant  to  paragraph (e) of section seven hundred fifteen of
    18  the business corporation law or two executive officers of a  corporation
    19  who  at all times during the period involved between them own all of the
    20  issued and outstanding stock of  such  corporation  and  hold  all  such
    21  offices  except  as provided in subdivision six of section fifty-four of
    22  this chapter provided, however, that where there are two executive offi-
    23  cers of a corporation each officer must own at least one share of stock,
    24  nor shall it include a self-employed person or a partner of  a  partner-
    25  ship as defined in section ten of the partnership law who is not covered
    26  under  a  compensation insurance contract or a certificate of self-insu-
    27  rance as provided in subdivision eight of  section  fifty-four  of  this
    28  chapter,  nor shall it include farm laborers except as provided in group
    29  fourteen-b of subdivision one of section three of  this  chapter.  If  a
    30  farm  labor  contractor recruits or supplies farm laborers for work on a
    31  farm, such farm laborers shall for  the  purposes  of  this  chapter  be
    32  deemed  to  be  employees of the owner or lessee of such farm.  The term
    33  "employee" shall  not  include  interns  receiving  college  credit  for
    34  service  as  farm  laborers.  The term "employee" shall not include baby
    35  sitters as defined in subdivision three of section one  hundred  thirty-
    36  one and subdivision three of section one hundred thirty-two of the labor
    37  law or minors fourteen years of age or over engaged in casual employment
    38  consisting  of  yard work and household chores in and about a one family
    39  owner-occupied residence or the premises of a non-profit, non-commercial
    40  organization, not involving the use of power-driven machinery. The  term
    41  "employee"  shall  not  include  persons  engaged by the owner in casual
    42  employment consisting of yard work, household chores and making  repairs
    43  to  or  painting in and about a one-family owner-occupied residence. The
    44  term "employee" shall not include the services of a licensed real estate
    45  broker or sales associate if it be proven that (a) substantially all  of
    46  the  remuneration  (whether  or  not  paid  in  cash)  for  the services
    47  performed by such broker or sales associate is directly related to sales
    48  or other output (including the performance of services) rather  than  to
    49  the  number of hours worked; (b) the services performed by the broker or
    50  sales associate are performed pursuant to a  written  contract  executed
    51  between  such  broker  or  sales  associate  and the person for whom the
    52  services are performed within the past twelve to fifteen months; and (c)
    53  the written contract provided for in paragraph (b) of  this  subdivision
    54  was not executed under duress and contains the following provisions:

        A. 9726                             3

     1    §  2. The opening paragraph of paragraph A of subdivision 6 of section
     2  201 of the workers' compensation law, as amended by chapter 105  of  the
     3  laws of 2019, is amended to read as follows:
     4    "Employment"  means  employment  in  any trade, business or occupation
     5  carried on by an employer, except that the following shall not be deemed
     6  employment under this article:  services  performed  for  the  state,  a
     7  municipal corporation, local governmental agency, other political subdi-
     8  vision  or  public authority; employment subject to the federal railroad
     9  unemployment insurance act; service performed on or  as  an  officer  or
    10  member  of  the  crew  of  a vessel on the navigable water of the United
    11  States or outside the United States; casual  employment  and  the  first
    12  forty-five  days  of  extra  employment  of  employees  not regularly in
    13  employment as otherwise defined herein; service as golf caddies; service
    14  as a farm laborer where such service is an internship  granting  college
    15  course  credit; and service during all or any part of the school year or
    16  regular vacation periods as a part-time worker of any person actually in
    17  regular attendance during the day time as a student in an elementary  or
    18  secondary  school.  The  term  "employment"  shall  include  domestic or
    19  personal work in a private home. The term "employment" shall not include
    20  the services of a licensed real estate broker or sales associate  if  it
    21  be proven that (a) substantially all of the remuneration (whether or not
    22  paid in cash) for the services performed by such broker or sales associ-
    23  ate is directly related to sales or other output (including the perform-
    24  ance  of  services)  rather  than to the number of hours worked; (b) the
    25  services performed by the broker or sales associate are performed pursu-
    26  ant to a written contract executed between such broker or sales  associ-
    27  ate  and  the person for whom the services are performed within the past
    28  twelve to fifteen months; and (c) the written contract provided  for  in
    29  subparagraph  (b)  of  this  paragraph was not executed under duress and
    30  contains the following provisions:
    31    § 3. This act shall take effect on the first of January next  succeed-
    32  ing the date on which it shall have become a law.
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