The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3103
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M. of A. STECK -- Multi-Sponsored by -- M. of A. BARRON,
   COLTON, COOK, CRUZ, DE LA ROSA, DeSTEFANO, DICKENS, ENGLEBRIGHT, FRON-
   TUS, GOTTFRIED, HYNDMAN, JACOBSON, M. MILLER, NIOU, J. RIVERA,  SANTA-
   BARBARA,  SEAWRIGHT, SIMON, STERN, WEPRIN -- read once and referred to
   the Committee on Labor

 AN ACT to amend the labor law, in  relation  to  the  minimum  wage  for
   employees with disabilities
 
   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 5 of  section  651  of
 the labor law, as amended by chapter 105 of the laws of 2019, is amended
 to read as follows:
   "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 a bona fide
 executive, administrative, or professional capacity; (c) as  an  outside
 salesman;  (d)  as  a  driver  engaged  in operating a taxicab; (e) as a
 volunteer, learner or apprentice by a corporation, unincorporated  asso-
 ciation,  community  chest,  fund  or  foundation organized and operated
 exclusively for religious, charitable or educational purposes,  no  part
 of the net earnings of which inures to the benefit of any private share-
 holder or individual; (f) as a member of a religious order, or as a duly
 ordained,  commissioned  or  licensed minister, priest or rabbi, or as a
 sexton, or as a christian science reader; (g) in or for such a religious
 or charitable institution, which work is incidental to or in return  for
 charitable  aid conferred upon such individual and not under any express
 contract of hire; (h) in or for such a religious, educational or  chari-
 table institution if such individual is a student; (i) [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 deficien-

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

                                                            LBD04129-01-1

 A. 3103                             2

 cy or injury; (j)] in or for a summer camp or conference of such a reli-
 gious,  educational  or  charitable  institution for not more than three
 months annually; [(k)] (J) as a staff counselor in  a  children's  camp;
 [(l)]  (K)  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 individ-
 ual is a student; [(m)] (L) by a federal, state or municipal  government
 or  political  subdivision thereof; [(n)] (M) as a volunteer at a recre-
 ational 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 substantially  the  same
 subject matter occurs in any calendar year, where (1) any such volunteer
 shall be at least eighteen years of age, (2) a business seeking coverage
 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, and (3) 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 [(o)] (N) in
 the delivery of newspapers or shopping news to the consumer by a  person
 who  is  not  performing  commercial goods transportation services for a
 commercial goods transportation contractor within the meaning of article
 twenty-five-C of this chapter. The exclusions from the  term  "employee"
 contained  in this subdivision shall be as defined by regulations of the
 commissioner.
   § 2. Paragraph (c) of subdivision 5 of section 655 of the  labor  law,
 as  amended  by  chapter  747 of the laws of 1978, is amended to read as
 follows:
   (c) The wage board may also recommend,  to  the  extent  necessary  in
 order  to  prevent  curtailment  of  opportunities for employment, regu-
 lations for (1)  the  employment  of  learners  and  apprentices,  under
 special  certificates  issued  by  the commissioner, at such wages lower
 than the minimum wage established by this article and  subject  to  such
 limitations  as  to  time,  number,  proportion and length of service as
 shall be prescribed in such regulation, (2) [the employment of  individ-
 uals  whose  earning capacity is affected or impaired by youth or age or
 by physical or mental deficiency or injury, under  special  certificates
 issued  by  the  commissioner, at such wages lower than the minimum wage
 established by this article and for such period as shall  be  prescribed
 in  such  regulation,  (3)]  the establishment of a period not extending
 beyond seventeen consecutive weeks during which a resort hotel  or  camp
 may employ students under special certificates issued by the commission-
 er,  at such wages lower than the minimum wage established by this arti-
 cle as shall be prescribed in such regulation, and [(4)] (3) the employ-
 ment  of  residential  employees  in  a  non-profit  making   religious,
 charitable or educational organization or in a non-profit making college
 or  university  sorority or fraternity under special certificates issued
 by the commissioner at such weekly wage as shall be prescribed  in  such
 regulation.
   §  3.  This act shall take effect on the thirty-first of December next
 succeeding the date upon which it shall have  become  a  law.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation by the department of labor necessary for  the  implementation  of
 this  act  on  its effective date are authorized to be made on or before
 such effective date.