S T A T E O F N E W Y O R K
________________________________________________________________________
4473
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Labor
AN ACT to amend the insurance law and the workers' compensation law, in
relation to exempting members of supervised collegiate summer baseball
leagues from the definition of employees for purposes of workers'
compensation insurance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3443-a
to read as follows:
§ 3443-A. SUPERVISED COLLEGIATE SUMMER BASEBALL LEAGUES. AMATEUR,
UNPAID, COLLEGIATE PLAYERS, EXCEPT THOSE DETERMINED TO BE EMPLOYEES
PURSUANT TO THE NATIONAL LABOR RELATIONS ACT, IN A SUPERVISED COLLEGIATE
SUMMER BASEBALL LEAGUE OPERATED ON A FOR-PROFIT BASIS SHALL BE EXEMPT
FROM THE DEFINITION OF EMPLOYEE PURSUANT TO SUBDIVISION FOUR OF SECTION
TWO OF THE WORKERS' COMPENSATION LAW. AS SUCH, AN INSURER ISSUING A
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY SHALL
NOT BE REQUIRED TO PROVIDE COVERAGE TO AMATEUR, UNPAID, COLLEGIATE PLAY-
ERS, EXCEPT THOSE DETERMINED TO BE EMPLOYEES PURSUANT TO THE NATIONAL
LABOR RELATIONS ACT, IN SAID COLLEGIATE SUMMER BASEBALL LEAGUE.
§ 2. The opening paragraph of subdivision 4 of section 2 of the work-
ers' compensation law, as amended by chapter 503 of the laws of 2016, is
amended to read as follows:
"Employee" means a person engaged in one of the occupations enumerated
in section three of this article or who is in the service of an employer
whose principal business is that of carrying on or conducting a hazard-
ous employment upon the premises or at the plant, or in the course of
his or her employment away from the plant of his or her employer;
"employee" shall also mean for the purposes of this chapter any individ-
ual performing services in construction for a contractor who does not
overcome the presumption of employment as provided under section eight
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04893-01-7
A. 4473 2
hundred sixty-one-c of the labor law; "employee" shall also mean for the
purposes of this chapter any individual performing services in the
commercial goods transportation industry for a commercial goods trans-
portation contractor who does not overcome the presumption of employment
as provided under section eight hundred sixty-two-b of the labor law;
"employee" shall also mean for the purposes of this chapter civil
defense volunteers who are personnel of volunteer agencies sponsored or
authorized by a local office under regulations of the civil defense
commission, to the extent of the provisions of groups seventeen and
nineteen; "employee" shall at the election of a municipal corporation
made pursuant to local law duly enacted also mean a member of an auxil-
iary police organization authorized by local law; and for the purposes
of this chapter only a newspaper carrier under the age of eighteen years
as defined in section thirty-two hundred twenty-eight of the education
law, [but shall not include delivery of newspapers or shopping news to
the consumer (including any services directly related to such trade or
business) by a person who is not performing commercial goods transporta-
tion services for a commercial goods transportation contractor within
the meaning of article twenty-five-C of the labor law,] and shall not
include domestic servants except as provided in section three of this
[chapter] ARTICLE, and except where the employer has elected to bring
such employees under the law by securing compensation in accordance with
the terms of section fifty of this chapter. The term "employee" shall
not include persons who are members of a supervised amateur athletic
activity operated on a non-profit basis, OR PERSONS WHO ARE AMATEUR,
UNPAID PLAYERS IN A SUPERVISED COLLEGIATE SUMMER BASEBALL LEAGUE OPER-
ATED ON A FOR-PROFIT BASIS, EXCEPT THOSE AMATEUR, UNPAID PLAYERS IN A
SUPERVISED COLLEGIATE SUMMER BASEBALL LEAGUE OPERATED ON A FOR-PROFIT
BASIS WHO ARE DETERMINED TO BE EMPLOYEES PURSUANT TO THE NATIONAL LABOR
RELATIONS ACT, provided that said [members] PERSONS are not also other-
wise engaged or employed by any person, firm or corporation participat-
ing in said athletic activity OR COLLEGIATE SUMMER BASEBALL LEAGUE, nor
shall it include the spouse or minor child of an employer who is a farm-
er unless the services of such spouse or minor child shall be engaged by
said employer under an express contract of hire nor shall it include an
executive officer of a corporation who at all times during the period
involved owns all of the issued and outstanding stock of the corporation
and holds all of the offices pursuant to paragraph (e) of section seven
hundred fifteen of the business corporation law or two executive offi-
cers of a corporation who at all times during the period involved
between them own all of the issued and outstanding stock of such corpo-
ration and hold all such offices except as provided in subdivision six
of section fifty-four of this chapter provided, however, that where
there are two executive officers of a corporation each officer must own
at least one share of stock, nor shall it include a self-employed person
or a partner of a partnership as defined in section ten of the partner-
ship law who is not covered under a compensation insurance contract or a
certificate of self-insurance as provided in subdivision eight of
section fifty-four of this chapter, nor shall it include farm laborers
except as provided in group fourteen-b of section three of this [chap-
ter] ARTICLE. If a farm labor contractor recruits or supplies farm
laborers for work on a farm, such farm laborers shall for the purposes
of this chapter be deemed to be employees of the owner or lessee of such
farm. The term "employee" shall not include baby sitters as defined in
subdivision three of section one hundred thirty-one and subdivision
three of section one hundred thirty-two of the labor law or minors four-
A. 4473 3
teen years of age or over engaged in casual employment consisting of
yard work and household chores in and about a one family owner-occupied
residence or the premises of a non-profit, non-commercial organization,
not involving the use of power-driven machinery. The term "employee"
shall not include persons engaged by the owner in casual employment
consisting of yard work, household chores and making repairs to or
painting in and about a one-family owner-occupied residence. The term
"employee" shall not include the services of a licensed real estate
broker or sales associate if it be proven that (a) substantially all of
the remuneration (whether or not paid in cash) for the services
performed by such broker or sales associate is directly related to sales
or other output (including the performance of services) rather than to
the number of hours worked; (b) the services performed by the broker or
sales associate are performed pursuant to a written contract executed
between such broker or sales associate and the person for whom the
services are performed within the past twelve to fifteen months; and (c)
the written contract provided for in paragraph (b) of this subdivision
was not executed under duress and contains the following provisions:
§ 3. This act shall take effect immediately.