Bill Text: NY S03434 | 2023-2024 | General Assembly | Introduced

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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 14-0)

Status: (Introduced) 2024-03-20 - REPORTED AND COMMITTED TO DISABILITIES [S03434 Detail]

Download: New_York-2023-S03434-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3434

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sens. SKOUFIS, GOUNARDES, MAY, SALAZAR, STAVISKY -- read
          twice and ordered printed, and when printed to  be  committed  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-
    23  cy or injury; (j)] in or for a summer camp or conference of such a reli-
    24  gious, educational or charitable institution for  not  more  than  three

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05514-01-3
        S. 3434                             2

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