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S08602 Summary:

S08602 Actions:

S08602 Committee Votes:

S08602 Floor Votes:

S08602 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8602
 
                    IN SENATE
 
                                    February 21, 2024
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- 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  providing  certain
          exemptions  for  individuals  having  entered  into a contract to play
          baseball at the minor league level and who are compensated pursuant to
          the terms of a collective bargaining agreement

          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
    25  months  annually;  (k) as a staff counselor in a children's camp; (l) in
    26  or for a college or university fraternity, sorority, student association
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11575-01-3
        S. 8602                             2
 
     1  or faculty association, no part of the net earnings of which  inures  to
     2  the  benefit  of  any  private  shareholder  or individual, and which is
     3  recognized by such college  or  university,  if  such  individual  is  a
     4  student;  (m)  by  a federal, state or municipal government or political
     5  subdivision thereof; (n) as a volunteer at a recreational  or  amusement
     6  event  run  by  a  business  that operates such events, provided that no
     7  single such event lasts longer than eight consecutive days and  no  more
     8  than  one  such  event  concerning substantially the same subject matter
     9  occurs in any calendar year, where (1) any such volunteer  shall  be  at
    10  least  eighteen years of age, (2) a business seeking coverage under this
    11  paragraph shall notify every volunteer in writing, in language  accepta-
    12  ble  to the commissioner, that by volunteering his or her services, such
    13  volunteer is waiving his or her right to receive the minimum wage pursu-
    14  ant to this article, and (3) such notice shall be signed and dated by  a
    15  representative of the business and the volunteer and kept on file by the
    16  business  for  thirty-six months; [or] (o) in the delivery of newspapers
    17  or shopping news to the consumer by  a  person  who  is  not  performing
    18  commercial  goods  transportation services for a commercial goods trans-
    19  portation contractor within the meaning of article twenty-five-C of this
    20  chapter; or (p) having entered into a contract to play baseball  at  the
    21  minor  league  level  and  who is compensated pursuant to the terms of a
    22  collective bargaining agreement that expressly provides for  the  wages,
    23  hours  of work, and working conditions of employees. The exclusions from
    24  the term "employee" contained in this subdivision shall be as defined by
    25  regulations of the commissioner.
    26    § 2. Subdivisions 2 and 4 of section 190 of the labor law, as added by
    27  chapter 548 of the laws of 1966, are amended to read as follows:
    28    2. "Employee" means any person employed for hire by an employer in any
    29  employment, but with respect to the entirety  of  this  article,  except
    30  sections one hundred ninety-three, one hundred ninety-six-b, one hundred
    31  ninety-eight,  and  one  hundred  ninety-eight-b,  shall not include any
    32  person who has entered into a contract to play  baseball  at  the  minor
    33  league  level  and who is compensated pursuant to the terms of a collec-
    34  tive bargaining agreement that expressly provides for the  wages,  hours
    35  of work, and working conditions of employees.
    36    4.  "Manual worker" means a mechanic, workingman or laborer, but shall
    37  not include any person who has entered into a contract to play  baseball
    38  at  the  minor league level and who is compensated pursuant to the terms
    39  of a collective bargaining agreement that  expressly  provides  for  the
    40  wages, hours of work, and working conditions of employees.
    41    § 3. This act shall take effect immediately.