| Date of Action |
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 |
| Feb 03, 2011 |
amend and recommit to labor |
| Jan 19, 2011 |
referred to labor |
Senate Bill S2399B
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
Bill Amendments
2011-S2399 - Details
2011-S2399 - 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
2011-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
2011-S2399A - Details
2011-S2399A - 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
2011-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
2011-S2399B (ACTIVE) - Details
2011-S2399B (ACTIVE) - 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
2011-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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