senate Bill S1071

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

  • 09 / Jan / 2013
    • REFERRED TO LABOR
  • 16 / Dec / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 16 / Dec / 2013
    • PRINT NUMBER 1071A
  • 27 / Dec / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 27 / Dec / 2013
    • PRINT NUMBER 1071B
  • 08 / Jan / 2014
    • REFERRED TO LABOR

Summary

Excludes certain seasonal traveling fair workers who reside outside the state from the definition of employee for purposes of the minimum wage act.

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Bill Details

See Assembly Version of this Bill:
A5202
Versions:
S1071
S1071A
S1071B
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง651, Lab L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2399B, A379B
2009-2010: S7470, A10619

Sponsor Memo

BILL NUMBER:S1071

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 to
exempt employees of County or agricultural fairs or amusement or
recreational establishments from overtime requirements, provided that
such establishments adhere to current state minimum wage rates. The
provisions of this section shall not supersede the terms of a
collective bargaining agreement or apply to a policy that is the
result of a collective bargaining agreement between and employer and
a recognized or certified employee organization

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:
2011/2012: S.2399B/A.379B; Committed to Rules
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
________________________________________________________________________

                                  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:

  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
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

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; PROVIDED, HOWEV-
ER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT SUPERSEDE THE TERMS OF
A  COLLECTIVE  BARGAINING  AGREEMENT  OR  APPLY  TO A POLICY THAT IS THE
RESULT OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN AN  EMPLOYER  AND  A
RECOGNIZED OR CERTIFIED EMPLOYEE ORGANIZATION.
  "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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