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 - 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 (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

Bill Amendments

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

S1071 - Bill Details

See Assembly Version of this Bill:
A5202A
Current Committee:
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 - Bill Texts

view summary

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

view 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.

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                    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.

S1071A - Bill Details

See Assembly Version of this Bill:
A5202A
Current Committee:
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 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1071A

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
recre- ational establishments from overtime requirements, provided
that such establishments adhere to current state minimum wage rates
and to the extent that such employees reside outside of the State of
New York. Overtime requirements would still apply to any employee who
is a resident of New York State. 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 typically travel with the business it is not appropriate
to apply mandatory overtime costs for these workers. This bill would
however maintain overtime benefits for anyone hired locally from
within our state. These jobs are very specialized and the safety of
fair patrons is very much dependent upon these skilled workers.
Without some sort of relief from increasing costs, our agricultural
fairs will see a decline in revenues and many will be forced to close
their doors. This bill offers the opportunity for a win-win situation
where carnival companies receive regulatory certainty and some cost
relief, while the rights of workers who are citizens of our state are
maintained and protected.

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 full 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.
                                                           LBD02098-02-3

S. 1071--A                          2

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  A
TRAVELING AMUSEMENT OR RECREATIONAL ESTABLISHMENT WHO RESIDES OUTSIDE OF
THE  STATE PROVIDED THAT (1) SUCH ESTABLISHMENT 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  AGRI-
CULTURAL  FAIRGROUND;  PROVIDED,  HOWEVER,  THAT  THE PROVISIONS OF THIS
SECTION SHALL NOT SUPERSEDE THE TERMS OF A COLLECTIVE BARGAINING  AGREE-
MENT  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.

S1071B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5202A
Current Committee:
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) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1071B

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
recre- ational establishments from overtime requirements, provided
that such establishments adhere to current state minimum wage rates
and to the extent that such employees reside outside of the State of
New York. Overtime requirements would still apply to any employee who
is a resident of New York State. 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 typically travel with the
business it is not appropriate to apply mandatory overtime costs for
these workers. This bill would however maintain overtime benefits for
anyone hired locally from within our state. These jobs are very
specialized and the safety of fair patrons is very much dependent upon
these skilled workers. Without some sort of relief from increasing
costs, our agricultural fairs will see a decline in revenues and many
will be forced to close their doors. This bill offers the opportunity
for a win-win situation where carnival companies receive regulatory
certainty and some cost relief, while the rights of workers who are
citizens of our state are maintained and protected.

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 full 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.
                                                           LBD02098-04-3

S. 1071--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 A
TRAVELING AMUSEMENT OR RECREATIONAL ESTABLISHMENT WHO RESIDES OUTSIDE OF
THIS STATE, PROVIDED THAT (I)  SUCH  ESTABLISHMENT  ADHERES  TO  CURRENT
STATE  MINIMUM  WAGE  RATES  FOR  ALL EMPLOYEES, (II) SUCH ESTABLISHMENT
MEETS THE BUSINESS OPERATIONS CRITERIA ESTABLISHED UNDER PARAGRAPH THREE
OF SUBDIVISION A OF SECTION THIRTEEN OF THE FEDERAL FAIR LABOR STANDARDS
ACT, AND (III) SUCH PERSON IS EMPLOYED IN HIS  OR  HER  CAPACITY  AS  AN
EMPLOYEE  ON  THE  PREMISES  OF  A  COUNTY  OR  AGRICULTURAL FAIRGROUND;
PROVIDED, HOWEVER, THAT THE  PROVISIONS  OF  THIS  PARAGRAPH  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. THE
EXCLUSIONS FROM THE TERM "EMPLOYEE" CONTAINED IN THIS SUBDIVISION  SHALL
BE AS DEFINED BY REGULATIONS OF THE COMMISSIONER.
  "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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