S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5169
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 12, 2015
                                      ___________
       Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
         Committee on Labor
       AN ACT to amend the labor law, in relation to the definition of "employ-
         ee" for the purpose of the minimum wage act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 5 of section 651 of the labor law, as amended
    2  by chapter 481 of the laws of 2010, is amended to read as follows:
    3    5. "Employee" includes any individual employed or permitted to work by
    4  an employer in any occupation, but shall not include any individual  who
    5  is  employed or permitted to work: (a) on a casual basis in service as a
    6  part time baby sitter in the home of the employer; (b)  in  labor  on  a
    7  farm;  (c)  in  a  bona  fide executive, administrative, or professional
    8  capacity; (d) as an outside [salesman] SALESPERSON IF SUCH INDIVIDUAL IS
    9  NOT CONTRACTUALLY BOUND TO ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY
   10  AS A CAPTIVE SALESPERSON, SOLICITOR, AGENT, VENDOR, OR  OTHER  REPRESEN-
   11  TATIVE;  (e) as a driver engaged in operating a taxicab; (f) as a volun-
   12  teer, learner or apprentice by  a  corporation,  unincorporated  associ-
   13  ation,  community  chest,  fund  or  foundation  organized  and operated
   14  exclusively for religious, charitable or educational purposes,  no  part
   15  of the net earnings of which inures to the benefit of any private share-
   16  holder or individual; (g) as a member of a religious order, or as a duly
   17  ordained,  commissioned  or  licensed minister, priest or rabbi, or as a
   18  sexton, or as a christian science reader; (h) in or for such a religious
   19  or charitable institution, which work is incidental to or in return  for
   20  charitable  aid conferred upon such individual and not under any express
   21  contract of hire; (i) in or for such a religious, educational or  chari-
   22  table  institution if such individual is a student; (j) in or for such a
   23  religious, educational or charitable institution if the earning capacity
   24  of such individual is impaired by age or by physical or mental deficien-
   25  cy or injury; (k) 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.
                                                                  LBD08488-01-5
       A. 5169                             2
    1  gious,  educational  or  charitable  institution for not more than three
    2  months annually; (l) as a staff counselor in a children's camp;  (m)  in
    3  or for a college or university fraternity, sorority, student association
    4  or  faculty  association, no part of the net earnings of which inures to
    5  the benefit of any private  shareholder  or  individual,  and  which  is
    6  recognized  by  such  college  or  university,  if  such individual is a
    7  student; (n) by a federal, state or municipal  government  or  political
    8  subdivision  thereof.  The exclusions from the term "employee" contained
    9  in this subdivision shall be as defined by regulations  of  the  commis-
   10  sioner;  or  (o) as a volunteer at a recreational or amusement event run
   11  by a business that operates such events, provided that  no  single  such
   12  event lasts longer than eight consecutive days and no more than one such
   13  event  concerning  substantially  the  same subject matter occurs in any
   14  calendar year. Any such volunteer shall be at least  eighteen  years  of
   15  age. A business seeking coverage under this paragraph shall notify every
   16  volunteer  in  writing, in language acceptable to the commissioner, that
   17  by volunteering his or her services, such volunteer is  waiving  his  or
   18  her  right  to  receive  the minimum wage pursuant to this article. Such
   19  notice shall be signed and dated by a representative of the business and
   20  the volunteer and kept on file by the business for thirty-six months.
   21    "Employee" also includes any individual employed or permitted to  work
   22  in  any  non-teaching  capacity by a school district or board of cooper-
   23  ative educational services except that the provisions  of  sections  six
   24  hundred fifty-three through six hundred fifty-nine of this article shall
   25  not be applicable in any such case.
   26    S  2. This act shall take effect on the first of January next succeed-
   27  ing the date on which it shall have become a law.