S T A T E O F N E W Y O R K
________________________________________________________________________
5016
2015-2016 Regular Sessions
I N S E N A T E
April 28, 2015
___________
Introduced by Sen. AVELLA -- 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 definition of "employ-
ee" for the purpose of the minimum 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] SALESPERSON IF SUCH INDIVIDUAL IS
9 NOT CONTRACTUALLY BOUND TO ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY
10 AS A CAPTIVE SALESPERSON, SOLICITOR, AGENT, VENDOR, OR OTHER REPRESEN-
11 TATIVE; (e) as a driver engaged in operating a taxicab; (f) as a volun-
12 teer, learner or apprentice by a corporation, unincorporated associ-
13 ation, community chest, fund or foundation organized and operated
14 exclusively for religious, charitable or educational purposes, no part
15 of the net earnings of which inures to the benefit of any private share-
16 holder or individual; (g) as a member of a religious order, or as a duly
17 ordained, commissioned or licensed minister, priest or rabbi, or as a
18 sexton, or as a christian science reader; (h) in or for such a religious
19 or charitable institution, which work is incidental to or in return for
20 charitable 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08488-02-5
S. 5016 2
1 gious, educational or charitable institution for not more than three
2 months annually; (l) as a staff counselor in a children's camp; (m) in
3 or for a college or university fraternity, sorority, student association
4 or faculty association, no part of the net earnings of which inures to
5 the benefit of any private shareholder or individual, and which is
6 recognized by such college or university, if such individual is a
7 student; (n) by a federal, state or municipal government or political
8 subdivision thereof. The exclusions from the term "employee" contained
9 in this subdivision shall be as defined by regulations of the commis-
10 sioner; or (o) as a volunteer at a recreational or amusement event run
11 by a business that operates such events, provided that no single such
12 event lasts longer than eight consecutive days and no more than one such
13 event concerning substantially the same subject matter occurs in any
14 calendar year. Any such volunteer shall be at least eighteen years of
15 age. A business seeking coverage under this paragraph shall notify every
16 volunteer in writing, in language acceptable to the commissioner, that
17 by volunteering his or her services, such volunteer is waiving his or
18 her right to receive the minimum wage pursuant to this article. Such
19 notice shall be signed and dated by a representative of the business and
20 the volunteer and kept on file by the business for thirty-six months.
21 "Employee" also includes any individual employed or permitted to work
22 in any non-teaching capacity by a school district or board of cooper-
23 ative educational services except that the provisions of sections six
24 hundred fifty-three through six hundred fifty-nine of this article shall
25 not be applicable in any such case.
26 S 2. This act shall take effect on the first of January next succeed-
27 ing the date on which it shall have become a law.