Bill Text: NY S07470 | 2009-2010 | 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 (Republican 2-1)

Status: (Introduced - Dead) 2010-04-14 - REFERRED TO LABOR [S07470 Detail]

Download: New_York-2009-S07470-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7470
                                   I N  S E N A T E
                                    April 14, 2010
                                      ___________
       Introduced  by Sens. VALESKY, MAZIARZ -- 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 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 640 of the laws of 2005, is amended to read as follows:
    3    5. "Employee" includes any individual employed or permitted to work by
    4  an employer in any occupation, but shall not include any individual  who
    5  is  employed  or  permitted  to work: (a) in service as a part time baby
    6  sitter in the home of the employer; or someone who lives in the home  of
    7  an  employer for the purpose of serving as a companion to a sick, conva-
    8  lescing or elderly person, and whose principal  duties  do  not  include
    9  housekeeping;  (b)  in  labor  on  a farm; (c) in a bona fide executive,
   10  administrative, or professional capacity; (d) as  an  outside  salesman;
   11  (e)  as  a  driver  engaged  in operating a taxicab; (f) as a volunteer,
   12  learner or apprentice  by  a  corporation,  unincorporated  association,
   13  community  chest,  fund or foundation organized and operated exclusively
   14  for religious, charitable or educational purposes, no part  of  the  net
   15  earnings  of  which  inures to the benefit of any private shareholder or
   16  individual; (g) as a member of a religious order, or as a duly ordained,
   17  commissioned or licensed minister, priest or rabbi, or as a  sexton,  or
   18  as  a christian science reader; (h) in or for such a religious or chari-
   19  table institution, which work is incidental to or in return for charita-
   20  ble aid conferred  upon  such  individual  and  not  under  any  express
   21  contract  of hire; (i) in or for such a religious, educational or chari-
   22  table institution if such individual is a student; (j) in or for such  a
   23  religious, educational or charitable institution if the earning capacity
   24  of such individual is impaired by age or by physical or mental deficien-
   25  cy  or injury; (k) in or for a summer camp or conference of such a reli-
   26  gious, educational or charitable institution for  not  more  than  three
   27  months  annually;  (l) as a staff counselor in a children's camp; (m) in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16829-01-0
       S. 7470                             2
    1  or for a college or university fraternity, sorority, student association
    2  or faculty association, no part of the net earnings of which  inures  to
    3  the  benefit  of  any  private  shareholder  or individual, and which is
    4  recognized  by  such  college  or  university,  if  such individual is a
    5  student; (n) by a federal, state or municipal  government  or  political
    6  subdivision  thereof.  The exclusions from the term "employee" contained
    7  in this subdivision shall be as defined by regulations  of  the  commis-
    8  sioner; [or] (o) as a volunteer at a recreational or amusement event run
    9  by  a  business  that operates such events, provided that no single such
   10  event lasts longer than eight consecutive days and no more than one such
   11  event concerning substantially the same subject  matter  occurs  in  any
   12  calendar  year.  Any  such volunteer shall be at least eighteen years of
   13  age. A business seeking coverage under this paragraph shall notify every
   14  volunteer in writing, in language acceptable to the  commissioner,  that
   15  by  volunteering  his  or her services, such volunteer is waiving his or
   16  her right to receive the minimum wage pursuant  to  this  article.  Such
   17  notice shall be signed and dated by a representative of the business and
   18  the volunteer and kept on file by the business for thirty-six months[.];
   19  OR  (P)  AN  EMPLOYEE  OF  AN  AMUSEMENT  OR  RECREATIONAL ESTABLISHMENT
   20  PROVIDED THAT (1) SUCH ESTABLISHMENT ADHERES TO  CURRENT  STATE  MINIMUM
   21  WAGE RATES FOR ALL EMPLOYEES, (2) MEETS THE BUSINESS OPERATIONS CRITERIA
   22  ESTABLISHED  UNDER  PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTEEN
   23  OF THE FEDERAL FAIR LABOR STANDARDS ACT, AND (3) IS EMPLOYED IN  HIS  OR
   24  HER  CAPACITY AS AN EMPLOYEE ON THE PREMISES OF A COUNTY OR AGRICULTURAL
   25  FAIRGROUND.
   26    "Employee" also includes any individual employed or permitted to  work
   27  in  any  non-teaching  capacity by a school district or board of cooper-
   28  ative educational services except that the provisions  of  sections  six
   29  hundred fifty-three through six hundred fifty-nine of this article shall
   30  not be applicable in any such case.
   31    S 2.  This act shall take effect immediately.
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