Senate Bill S9998

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9998
 
                             I N  S E N A T E
 
                              April 21, 2026
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  exempting
   unpaid student interns from coverage under workers' compensation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Group 18 of subdivision 1 of  section  3  of  the  workers'
 compensation  law,  as  amended  by  chapter 260 of the laws of 1972, is
 amended to read as follows:
   Group 18. All other employments, except persons engaged in a  teaching
 or  nonmanual  capacity in or for a religious, charitable or educational
 institution, notwithstanding the definition of employment in subdivision
 five of section two, not hereinbefore  enumerated,  carried  on  by  any
 person,  firm  or corporation in which there are engaged or employed one
 or more employees regularly, in the same business or  in  or  about  the
 same establishment either upon the premises or at the plant or away from
 the  plant  of  the  employer,  under  any  contract of hire, express or
 implied, oral or written, except farm laborers and domestics other  than
 those  within the coverage of this chapter pursuant to groups fourteen-b
 and twelve respectively of this subdivision,  unless  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  and
 persons  engaged in voluntary service not under contract of hire. A duly
 ordained, commissioned or licensed minister, priest or rabbi, a  sexton,
 a  christian science reader, or a member of a religious order, shall not
 be deemed to be employed or engaged in employment  under  the  terms  of
 this  section. Recipients of charitable aid from a religious or charita-
 ble institution who perform work in or  for  the  institution  which  is
 incidental  to  or  in  return  for the aid conferred, and not under any
 express contract of hire, shall not be deemed to be employed or  engaged
 in  employment  under  the  terms  of  this section. All persons who are
 members of a supervised amateur athletic activity operated on a non-pro-
 fit basis shall not be deemed to be employed or  engaged  in  employment
 under the terms of this section, provided that said members are not also
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15625-01-6
 S. 9998                             2
 
 otherwise engaged or employed by any person, firm or corporation partic-
 ipating  in  said athletic activity. The terms "religious, charitable or
 educational institution" mean a corporation, unincorporated association,
 community  chest,  fund or foundation organized and operated exclusively
 for religious, charitable or educational purposes, no part  of  the  net
 earnings  of  which  inure  to the benefit of any private shareholder or
 individual. UNPAID STUDENT INTERNS SHALL NOT BE DEEMED TO BE EMPLOYED OR
 ENGAGED IN EMPLOYMENT UNDER THE TERMS OF THIS SECTION. THE TERM "STUDENT
 INTERN" MEANS AN INDIVIDUAL THAT IS ENROLLED IN AN  EDUCATIONAL  PROGRAM
 AT  A PUBLIC OR NON-PUBLIC SECONDARY SCHOOL, CHARTER SCHOOL, OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES THAT PARTICIPATES IN AN UNPAID  INTERN-
 SHIP,  EXTERNSHIP, OR OTHER SIMILAR PROGRAM THAT IS PRIMARILY FOR EDUCA-
 TIONAL AND/OR TRAINING PURPOSES.
   § 2. This act shall take effect immediately.