Exempts certain participants of a supervised collegiate summer baseball league from definition of employee for purposes of workers' compensation coverage.
STATE OF NEW YORK
________________________________________________________________________
4386
2015-2016 Regular Sessions
IN ASSEMBLY
January 30, 2015
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Labor
AN ACT to amend the insurance law and the workers' compensation law, in
relation to exempting members of supervised collegiate summer baseball
leagues from the definition of employees for purposes of workers'
compensation insurance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 3443-a
2 to read as follows:
3 § 3443-a. Supervised collegiate summer baseball leagues. Amateur,
4 unpaid, collegiate players, except those determined to be employees
5 pursuant to the National Labor Relations Act, in a supervised collegiate
6 summer baseball league operated on a for-profit basis shall be exempt
7 from the definition of employee pursuant to subdivision four of section
8 two of the workers' compensation law. As such, an insurer issuing a
9 workers' compensation and employers' liability insurance policy shall
10 not be required to provide coverage to amateur, unpaid, collegiate play-
11 ers, except those determined to be employees pursuant to the National
12 Labor Relations Act, in said collegiate summer baseball league.
13 § 2. The opening paragraph of subdivision 4 of section 2 of the work-
14 ers' compensation law, as amended by chapter 558 of the laws of 2013, is
15 amended to read as follows:
16 "Employee" means a person engaged in one of the occupations enumerated
17 in section three of this article or who is in the service of an employer
18 whose principal business is that of carrying on or conducting a hazard-
19 ous employment upon the premises or at the plant, or in the course of
20 his or her employment away from the plant of his or her employer;
21 "employee" shall also mean for the purposes of this chapter any individ-
22 ual performing services in construction for a contractor who does not
23 overcome the presumption of employment as provided under section eight
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05622-01-5
A. 4386 2
1 hundred sixty-one-c of the labor law; "employee" shall also mean for the
2 purposes of this chapter any individual performing services in the
3 commercial goods transportation industry for a commercial goods trans-
4 portation contractor who does not overcome the presumption of employment
5 as provided under section eight hundred sixty-two-b of the labor law;
6 "employee" shall also mean for the purposes of this chapter civil
7 defense volunteers who are personnel of volunteer agencies sponsored or
8 authorized by a local office under regulations of the civil defense
9 commission, to the extent of the provisions of groups seventeen and
10 nineteen; "employee" shall at the election of a municipal corporation
11 made pursuant to local law duly enacted also mean a member of an auxil-
12 iary police organization authorized by local law; and for the purposes
13 of this chapter only a newspaper carrier under the age of eighteen years
14 as defined in section thirty-two hundred twenty-eight of the education
15 law, and shall not include domestic servants except as provided in
16 section three of this [chapter] article, and except where the employer
17 has elected to bring such employees under the law by securing compen-
18 sation in accordance with the terms of section fifty of this chapter.
19 The term "employee" shall not include persons who are members of a
20 supervised amateur athletic activity operated on a non-profit basis, or
21 persons who are amateur, unpaid players in a supervised collegiate
22 summer baseball league operated on a for-profit basis, except those
23 amateur, unpaid players in a supervised collegiate summer baseball leag-
24 ue operated on a for-profit basis who are determined to be employees
25 pursuant to the National Labor Relations Act, provided that said
26 [members] persons are not also otherwise engaged or employed by any
27 person, firm or corporation participating in said athletic activity or
28 collegiate summer baseball league, nor shall it include the spouse or
29 minor child of an employer who is a farmer unless the services of such
30 spouse or minor child shall be engaged by said employer under an express
31 contract of hire nor shall it include an executive officer of a corpo-
32 ration who at all times during the period involved owns all of the
33 issued and outstanding stock of the corporation and holds all of the
34 offices pursuant to paragraph (e) of section seven hundred fifteen of
35 the business corporation law or two executive officers of a corporation
36 who at all times during the period involved between them own all of the
37 issued and outstanding stock of such corporation and hold all such
38 offices except as provided in subdivision six of section fifty-four of
39 this chapter provided, however, that where there are two executive offi-
40 cers of a corporation each officer must own at least one share of stock,
41 nor shall it include a self-employed person or a partner of a partner-
42 ship as defined in section ten of the partnership law who is not covered
43 under a compensation insurance contract or a certificate of self-insu-
44 rance as provided in subdivision eight of section fifty-four of this
45 chapter, nor shall it include farm laborers except as provided in group
46 fourteen-b of section three of this [chapter] article. If a farm labor
47 contractor recruits or supplies farm laborers for work on a farm, such
48 farm laborers shall for the purposes of this chapter be deemed to be
49 employees of the owner or lessee of such farm. The term "employee" shall
50 not include baby sitters as defined in subdivision three of section one
51 hundred thirty-one and subdivision three of section one hundred thirty-
52 two of the labor law or minors fourteen years of age or over engaged in
53 casual employment consisting of yard work and household chores in and
54 about a one family owner-occupied residence or the premises of a non-
55 profit, non-commercial organization, not involving the use of power-dri-
56 ven machinery. The term "employee" shall not include persons engaged by
A. 4386 3
1 the owner in casual employment consisting of yard work, household chores
2 and making repairs to or painting in and about a one-family owner-occu-
3 pied residence. The term "employee" shall not include the services of a
4 licensed real estate broker or sales associate if it be proven that (a)
5 substantially all of the remuneration (whether or not paid in cash) for
6 the services performed by such broker or sales associate is directly
7 related to sales or other output (including the performance of services)
8 rather than to the number of hours worked; (b) the services performed by
9 the broker or sales associate are performed pursuant to a written
10 contract executed between such broker or sales associate and the person
11 for whom the services are performed within the past twelve to fifteen
12 months; and (c) the written contract provided for in paragraph (b) of
13 this subdivision was not executed under duress and contains the follow-
14 ing provisions:
15 § 3. This act shall take effect immediately.
