senate Bill S2399A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1072
Jan 04, 2012 referred to labor
Jun 24, 2011 committed to rules
May 10, 2011 amended on third reading 2399b
May 03, 2011 advanced to third reading
May 02, 2011 2nd report cal.
Apr 13, 2011 1st report cal.396
Feb 03, 2011 print number 2399a
amend and recommit to labor
Jan 19, 2011 referred to labor

Votes

view votes

Jun 5, 2012 - Labor committee Vote

S2399B
9
5
committee
9
Aye
5
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 5, 2012

aye wr (1)
excused (1)

Apr 13, 2011 - Labor committee Vote

S2399A
8
4
committee
8
Aye
4
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Apr 13, 2011

aye wr (2)
excused (2)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2399 - Details

See Assembly Version of this Bill:
A379A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S7470, A10619

S2399 - Summary

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

S2399 - Sponsor Memo

S2399 - Bill Text download pdf

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

                                  2399

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

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
institution  for  not  more  than  three months annually; (l) as a staff

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03568-01-1

S2399A - Details

See Assembly Version of this Bill:
A379A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S7470, A10619

S2399A - Summary

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

S2399A - Sponsor Memo

S2399A - Bill Text download pdf

                    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

S2399B (ACTIVE) - Details

See Assembly Version of this Bill:
A379A
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S7470, A10619

S2399B (ACTIVE) - Summary

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

S2399B (ACTIVE) - Sponsor Memo

S2399B (ACTIVE) - Bill Text download pdf

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

                                 2399--B
    Cal. No. 396

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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

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

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