S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9726
 
                           I N  A S S E M B L Y
 
                             February 6, 2020
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  exempting
   farm laborer internships earning college credit from the definition of
   employee and employment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 4 of section 2 of  the
 workers'  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15033-02-0

 A. 9726                             2
 
 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, and except where the employer has elected to bring such employ-
 ees 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  oper-
 ated  on  a  non-profit  basis,  provided that said members are not also
 otherwise engaged or employed by any person, firm or corporation partic-
 ipating in said athletic activity, nor shall it include  the  spouse  or
 minor  child  of an employer who is a farmer 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  corpo-
 ration  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 officers of a  corporation
 who  at all times during the period involved between them own all of the
 issued and outstanding stock of  such  corporation  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 offi-
 cers 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  partner-
 ship as defined in section ten of the partnership law who is not covered
 under  a  compensation insurance contract or a certificate of self-insu-
 rance 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 SUBDIVISION ONE of section three of  this  chapter.  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  INTERNS  RECEIVING  COLLEGE  CREDIT  FOR
 SERVICE  AS  FARM  LABORERS.  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 fourteen 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:

 A. 9726                             3
 
   §  2. The opening paragraph of paragraph A of subdivision 6 of section
 201 of the workers' compensation law, as amended by chapter 105  of  the
 laws of 2019, is amended to read as follows:
   "Employment"  means  employment  in  any trade, business or occupation
 carried on by an employer, except that the following shall not be deemed
 employment under this article:  services  performed  for  the  state,  a
 municipal corporation, local governmental agency, other political subdi-
 vision  or  public authority; employment subject to the federal railroad
 unemployment insurance act; service performed on or  as  an  officer  or
 member  of  the  crew  of  a vessel on the navigable water of the United
 States or outside the United States; casual  employment  and  the  first
 forty-five  days  of  extra  employment  of  employees  not regularly in
 employment as otherwise defined herein; service as golf caddies; SERVICE
 AS A FARM LABORER WHERE SUCH SERVICE IS AN INTERNSHIP  GRANTING  COLLEGE
 COURSE  CREDIT; and service during all or any part of the school year or
 regular vacation periods as a part-time worker of any person actually in
 regular attendance during the day time as a student in an elementary  or
 secondary  school.  The  term  "employment"  shall  include  domestic or
 personal work in a private home. The term "employment" 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 associ-
 ate is directly related to sales or other output (including the perform-
 ance  of  services)  rather  than to the number of hours worked; (b) the
 services performed by the broker or sales associate are performed pursu-
 ant to a written contract executed between such broker or sales  associ-
 ate  and  the person for whom the services are performed within the past
 twelve to fifteen months; and (c) the written contract provided  for  in
 subparagraph  (b)  of  this  paragraph was not executed under duress and
 contains the following provisions:
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.