senate Bill S2399B

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 Labor committee vote details

Labor 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 committee vote details

Committee Vote: Apr 13, 2011

aye wr (2)
excused (2)

Bill Amendments

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

S2399 - Bill Details

See Assembly Version of this Bill:
A379B
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S7470, A10619

S2399 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2399

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:
2009-10: S.7470/A.10619 - Referred to Labor

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

view full 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

S. 2399                             2

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 immediately.

S2399A - Bill Details

See Assembly Version of this Bill:
A379B
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S7470, A10619

S2399A - Bill Texts

view summary

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

view 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 full 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

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.

S2399B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A379B
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S7470, A10619

S2399B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2399B

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:
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 full 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.
                                                           LBD03568-05-1

S. 2399--B                          2

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
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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