senate Bill S1071B

2013-2014 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 -


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Dec 27, 2013 print number 1071b
amend and recommit to labor
Dec 16, 2013 print number 1071a
amend and recommit to labor
Jan 09, 2013 referred to labor

S1071 - Details

See Assembly Version of this Bill:
A5202A
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2399B, A379B
2009-2010: S7470, A10619

S1071 - Summary

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

S1071 - Sponsor Memo

S1071 - Bill Text download pdf

                    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.

S1071A - Details

See Assembly Version of this Bill:
A5202A
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2399B, A379B
2009-2010: S7470, A10619

S1071A - Summary

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

S1071A - Sponsor Memo

S1071A - Bill Text download pdf

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

                                 1071--A

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  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

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

S1071B (ACTIVE) - Details

See Assembly Version of this Bill:
A5202A
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2399B, A379B
2009-2010: S7470, A10619

S1071B (ACTIVE) - Summary

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

S1071B (ACTIVE) - Sponsor Memo

S1071B (ACTIVE) - Bill Text download pdf

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

                                 1071--B

                       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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted 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

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

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