senate Bill S2399A

Amended

Excludes certain seasonal fair workers from the definition of employee for purposes of the minimum wage act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Jan / 2011
    • REFERRED TO LABOR
  • 03 / Feb / 2011
    • AMEND AND RECOMMIT TO LABOR
  • 03 / Feb / 2011
    • PRINT NUMBER 2399A
  • 13 / Apr / 2011
    • 1ST REPORT CAL.396
  • 02 / May / 2011
    • 2ND REPORT CAL.
  • 03 / May / 2011
    • ADVANCED TO THIRD READING
  • 10 / May / 2011
    • AMENDED ON THIRD READING 2399B
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO LABOR
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1072
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Excludes certain seasonal fair workers from the definition of employee for purposes of the minimum wage act.

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Bill Details

See Assembly Version of this Bill:
A379A
Versions:
S2399
S2399A
S2399B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd ยง651, Lab L
Versions Introduced in 2009-2010 Legislative Cycle:
S7470, A10619

Votes

8
4
8
Aye
4
Nay
2
aye with reservations
0
absent
2
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S2399A

TITLE OF BILL:
An act
to amend the labor law, in relation to excluding certain seasonal fair
workers from the
definition of employee for purposes of the minimum wage act

PURPOSE OR GENERAL IDEA OF BILL:
To update and amend the labor law to
reflect the guidelines used in the Federal Fair Labor Standards Act
regarding seasonal workers employed in the operation of county and
agricultural fairs.

SUMMARY OF PROVISIONS:
Section 651 of the labor law is amended by
adding a new paragraph (P) to include fair workers as classified
under the FLSA guidelines as exempt from the minimum wage act.

JUSTIFICATION:
Seasonal county and agricultural fairs in New York
State remain one of the last linkages between our agricultural
heritage and today's urban based society. Since many fair and
carnival jobs are concerned with operating amusement rides and focus
on ride safety of patrons, and these workers travel with the
business, they are not conducive to training sufficient numbers of
local workers to avoid mandatory overtime costs. These jobs are very
specialized and the safety of fair patrons is very much dependent
upon these skilled workers. In addition, carnival companies work in
surrounding states and are not required to pay time and one-half the
regular pay after 40 hours.

Without some sort of relief from increasing costs, our agricultural
fairs will see a decline in revenues and many will be forced to dose
their doors.

PRIOR LEGISLATIVE HISTORY:
2009/2010 S.7470/A.10619, Referred to Labor

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall
become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2399--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by Sens. MAZIARZ, VALESKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Labor --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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:

  Section  1.  Subdivision 5 of section 651 of the labor law, as amended
by chapter 481 of the laws of 2010, is amended to read as follows:
  5. "Employee" includes any individual employed or permitted to work by
an employer in any occupation, but shall not include any individual  who
is  employed or permitted to work: (a) on a casual basis in service as a
part time baby sitter in the home of the employer; (b)  in  labor  on  a
farm;  (c)  in  a  bona  fide executive, administrative, or professional
capacity; (d) as an outside salesman; (e) as a driver engaged in operat-
ing a taxicab; (f) as a volunteer, learner or  apprentice  by  a  corpo-
ration,  unincorporated association, community chest, fund or foundation
organized and operated exclusively for religious, charitable  or  educa-
tional  purposes,  no  part  of  the net earnings of which inures to the
benefit of any private shareholder or individual; (g) as a member  of  a
religious  order, or as a duly ordained, commissioned or licensed minis-
ter, priest or rabbi, or as a sexton, or as a christian science  reader;
(h)  in or for such a religious or charitable institution, which work is
incidental to or in return for charitable aid conferred upon such  indi-
vidual  and not under any express contract of hire; (i) in or for such a
religious, educational or charitable institution if such individual is a
student; (j) in or for  such  a  religious,  educational  or  charitable
institution  if  the  earning capacity of such individual is impaired by
age or by physical or mental deficiency or  injury;  (k)  in  or  for  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03568-02-1

S. 2399--A                          2

summer camp or conference of such a religious, educational or charitable
institution  for  not  more  than  three months annually; (l) as a staff
counselor in a children's camp; (m) in or for a  college  or  university
fraternity,  sorority,  student  association  or faculty association, no
part of the net earnings of which inures to the benefit of  any  private
shareholder  or  individual,  and which is recognized by such college or
university, if such individual is a student; (n) by a federal, state  or
municipal  government  or political subdivision thereof.  The exclusions
from the term "employee" contained  in  this  subdivision  shall  be  as
defined by regulations of the commissioner; [or] (o) as a volunteer at a
recreational  or  amusement  event  run by a business that operates such
events, provided that no single  such  event  lasts  longer  than  eight
consecutive days and no more than one such event concerning substantial-
ly  the same subject matter occurs in any calendar year. Any such volun-
teer shall be at least eighteen years of age. A business seeking  cover-
age  under  this  paragraph  shall notify every volunteer in writing, in
language acceptable to the commissioner, that by volunteering his or her
services, such volunteer is waiving his or  her  right  to  receive  the
minimum  wage  pursuant to this article. Such notice shall be signed and
dated by a representative of the business and the volunteer and kept  on
file  by the business for thirty-six months[.]; OR (P) AN EMPLOYEE OF AN
AMUSEMENT OR RECREATIONAL ESTABLISHMENT PROVIDED THAT  (1)  SUCH  ESTAB-
LISHMENT  ADHERES TO CURRENT STATE MINIMUM WAGE RATES FOR ALL EMPLOYEES,
(2) MEETS THE BUSINESS OPERATIONS CRITERIA ESTABLISHED  UNDER  PARAGRAPH
THREE  OF  SUBDIVISION  A  OF SECTION THIRTEEN OF THE FEDERAL FAIR LABOR
STANDARDS ACT, AND (3) IS EMPLOYED IN HIS OR HER CAPACITY AS AN EMPLOYEE
ON THE PREMISES OF A COUNTY OR AGRICULTURAL FAIRGROUND.
  "Employee" also includes any individual employed or permitted to  work
in  any  non-teaching  capacity by a school district or board of cooper-
ative educational services except that the provisions  of  sections  six
hundred fifty-three through six hundred fifty-nine of this article shall
not be applicable in any such case.
  S  2.   This act shall take effect on the thirtieth day after it shall
have become a law.

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