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Bill Summary
Location Bill  Title  Date  Category
New York  NY SB 1071  Excludes certain seasonal fair workers from the definition of employee for purposes of minimum wage  5/30/2013  Dead
Summary

Same as Assembly Bill 5202

Bill Text
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1071

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  Sen. 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 481 of the laws of 2010, 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) on a casual basis in service as a
    6  part time baby sitter in the home of the employer; (b)  in  labor  on  a
    7  farm;  (c)  in  a  bona  fide executive, administrative, or professional
    8  capacity; (d) as an outside salesman; (e) as a driver engaged in operat-
    9  ing a taxicab; (f) as a volunteer, learner or  apprentice  by  a  corpo-
   10  ration,  unincorporated association, community chest, fund or foundation
   11  organized and operated exclusively for religious, charitable  or  educa-
   12  tional  purposes,  no  part  of  the net earnings of which inures to the
   13  benefit of any private shareholder or individual; (g) as a member  of  a
   14  religious  order, or as a duly ordained, commissioned or licensed minis-
   15  ter, priest or rabbi, or as a sexton, or as a christian science  reader;
   16  (h)  in or for such a religious or charitable institution, which work is
   17  incidental to or in return for charitable aid conferred upon such  indi-
   18  vidual  and not under any express contract of hire; (i) in or for such a
   19  religious, educational or charitable institution if such individual is a
   20  student; (j) in or for  such  a  religious,  educational  or  charitable
   21  institution  if  the  earning capacity of such individual is impaired by
   22  age or by physical or mental deficiency or  injury;  (k)  in  or  for  a
   23  summer camp or conference of such a religious, educational or charitable

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02098-01-3
       S. 1071                             2

    1  institution  for  not  more  than  three months annually; (l) as a staff
    2  counselor in a children's camp; (m) in or for a  college  or  university
    3  fraternity,  sorority,  student  association  or faculty association, no
    4  part  of  the net earnings of which inures to the benefit of any private
    5  shareholder or individual, and which is recognized by  such  college  or
    6  university,  if such individual is a student; (n) by a federal, state or
    7  municipal government or political subdivision thereof.   The  exclusions
    8  from  the  term  "employee"  contained  in  this subdivision shall be as
    9  defined by regulations of the commissioner; [or] (o) as a volunteer at a
   10  recreational or amusement event run by a  business  that  operates  such
   11  events,  provided  that  no  single  such  event lasts longer than eight
   12  consecutive days and no more than one such event concerning substantial-
   13  ly the same subject matter occurs in any calendar year. Any such  volun-
   14  teer  shall be at least eighteen years of age. A business seeking cover-
   15  age 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. Such notice shall be  signed  and
   19  dated  by a representative of the business and the volunteer and kept on
   20  file by the business for thirty-six months[.]; OR (P) AN EMPLOYEE OF  AN
   21  AMUSEMENT  OR  RECREATIONAL  ESTABLISHMENT PROVIDED THAT (1) SUCH ESTAB-
   22  LISHMENT ADHERES TO CURRENT STATE MINIMUM WAGE RATES FOR ALL  EMPLOYEES,
   23  (2)  MEETS  THE BUSINESS OPERATIONS CRITERIA ESTABLISHED UNDER PARAGRAPH
   24  THREE OF SUBDIVISION A OF SECTION THIRTEEN OF  THE  FEDERAL  FAIR  LABOR
   25  STANDARDS ACT, AND (3) IS EMPLOYED IN HIS OR HER CAPACITY AS AN EMPLOYEE
   26  ON THE PREMISES OF A COUNTY OR AGRICULTURAL FAIRGROUND; PROVIDED, HOWEV-
   27  ER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT SUPERSEDE THE TERMS OF
   28  A  COLLECTIVE  BARGAINING  AGREEMENT  OR  APPLY  TO A POLICY THAT IS THE
   29  RESULT OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN  EMPLOYER  AND  A
   30  RECOGNIZED OR CERTIFIED EMPLOYEE ORGANIZATION.
   31    "Employee"  also includes any individual employed or permitted to work
   32  in any non-teaching capacity by a school district or  board  of  cooper-
   33  ative  educational  services  except that the provisions of sections six
   34  hundred fifty-three through six hundred fifty-nine of this article shall
   35  not be applicable in any such case.
   36    S 2.  This act shall take effect on the thirtieth day after  it  shall
   37  have become a law.
 


Details
Category   Date   Detail  
  Status 6/20/2014  Bill died at adjournment; no carryover to 2015 
  Status 1/8/2014  Bil recommitted to Labor Committee 
  Status 6/20/2013  Legislature adjourned for year; bills carry over to 2014. 
  Status 1/9/2013  Introduced and referred to Labor Committee 
 


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