S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7559
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to  amend  the  labor  law,  in  relation  to providing certain
   exemptions for individuals having entered  into  a  contract  to  play
   baseball at the minor league level and who are compensated pursuant to
   the terms of a collective bargaining agreement

   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-
 cy or injury; (j) in or for a summer camp or conference of such a  reli-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11575-01-3
              

 A. 7559                             2
 
 gious,  educational  or  charitable  institution for not more than three
 months annually; (k) as a staff counselor in a children's camp;  (l)  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; (m) by a federal, state or municipal  government  or  political
 subdivision  thereof;  (n) 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 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 accepta-
 ble to the commissioner, that by volunteering his or her services,  such
 volunteer is waiving his or her right to receive the minimum wage pursu-
 ant  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) 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  trans-
 portation contractor within the meaning of article twenty-five-C of this
 chapter;  OR  (P) HAVING ENTERED INTO A CONTRACT TO PLAY BASEBALL AT THE
 MINOR LEAGUE LEVEL AND WHO IS COMPENSATED PURSUANT TO  THE  TERMS  OF  A
 COLLECTIVE  BARGAINING  AGREEMENT THAT EXPRESSLY PROVIDES FOR THE WAGES,
 HOURS OF WORK, AND WORKING CONDITIONS OF EMPLOYEES. The exclusions  from
 the term "employee" contained in this subdivision shall be as defined by
 regulations of the commissioner.
   § 2. Subdivisions 2 and 4 of section 190 of the labor law, as added by
 chapter 548 of the laws of 1966, are amended to read as follows:
   2. "Employee" means any person employed for hire by an employer in any
 employment,  BUT  WITH  RESPECT  TO THE ENTIRETY OF THIS ARTICLE, EXCEPT
 SECTIONS ONE HUNDRED NINETY-THREE, ONE HUNDRED NINETY-SIX-B, ONE HUNDRED
 NINETY-EIGHT, AND ONE HUNDRED  NINETY-EIGHT-B,  SHALL  NOT  INCLUDE  ANY
 PERSON  WHO  HAS  ENTERED  INTO A CONTRACT TO PLAY BASEBALL AT THE MINOR
 LEAGUE LEVEL AND WHO IS COMPENSATED PURSUANT TO THE TERMS OF  A  COLLEC-
 TIVE  BARGAINING  AGREEMENT THAT EXPRESSLY PROVIDES FOR THE WAGES, HOURS
 OF WORK, AND WORKING CONDITIONS OF EMPLOYEES.
   4. "Manual worker" means a mechanic, workingman or laborer, BUT  SHALL
 NOT  INCLUDE ANY PERSON WHO HAS ENTERED INTO A CONTRACT TO PLAY BASEBALL
 AT THE MINOR LEAGUE LEVEL AND WHO IS COMPENSATED PURSUANT TO  THE  TERMS
 OF  A  COLLECTIVE  BARGAINING  AGREEMENT THAT EXPRESSLY PROVIDES FOR THE
 WAGES, HOURS OF WORK, AND WORKING CONDITIONS OF EMPLOYEES.
   § 3. This act shall take effect immediately.