Bill Text: NY A06236 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes outside captive salespersons within the definition of an "employee".

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to labor [A06236 Detail]

Download: New_York-2023-A06236-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6236

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by M. of A. BROOK-KRASNY, NOVAKHOV -- 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, the opening paragraph as amended  by
     3  chapter 105 of the laws of 2019, is amended to read as follows:
     4    5. "Employee" includes any individual employed or permitted to work by
     5  an  employer in any occupation, but shall not include any individual who
     6  is employed or permitted to work: (a) on a casual basis in service as  a
     7  part  time  baby  sitter in the home of the employer; (b) in a bona fide
     8  executive, administrative, or professional capacity; (c) as  an  outside
     9  [salesman]  salesperson if such individual is not contractually bound to
    10  any person, firm, corporation or other entity as a captive  salesperson,
    11  solicitor,  agent,  vendor,  or  other  representative;  (d) as a driver
    12  engaged in operating a taxicab; (e) as a volunteer, learner  or  appren-
    13  tice by a corporation, unincorporated association, community chest, fund
    14  or foundation organized and operated exclusively for religious, charita-
    15  ble or educational purposes, no part of the net earnings of which inures
    16  to the benefit of any private shareholder or individual; (f) as a member
    17  of  a  religious  order, or as a duly ordained, commissioned or licensed
    18  minister, priest or rabbi, or as a sexton, or  as  a  christian  science
    19  reader;  (g) in or for such a religious or charitable institution, which
    20  work is incidental to or in return for  charitable  aid  conferred  upon
    21  such  individual  and  not under any express contract of hire; (h) in or
    22  for such a religious, educational  or  charitable  institution  if  such
    23  individual  is a student; (i) in or for such a religious, educational or
    24  charitable institution if the earning capacity  of  such  individual  is
    25  impaired by age or by physical or mental deficiency or injury; (j) in or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10285-01-3
        A. 6236                             2

     1  for  a  summer  camp  or  conference of such a religious, educational or
     2  charitable institution for not more than three months annually; (k) as a
     3  staff counselor in a children's camp; (l) in or for a college or univer-
     4  sity  fraternity,  sorority, student association or faculty association,
     5  no part of the net earnings of  which  inures  to  the  benefit  of  any
     6  private  shareholder  or  individual,  and  which  is recognized by such
     7  college or university, if such individual is a student; (m) by a  feder-
     8  al,  state or municipal government or political subdivision thereof; (n)
     9  as a volunteer at a recreational or amusement event run  by  a  business
    10  that  operates  such  events,  provided  that no single such event lasts
    11  longer than eight consecutive days and  no  more  than  one  such  event
    12  concerning  substantially the same subject matter occurs in any calendar
    13  year, where (1) any such volunteer shall be at least eighteen  years  of
    14  age,  (2)  a business seeking coverage under this paragraph shall notify
    15  every volunteer in writing, in language acceptable to the  commissioner,
    16  that  by volunteering his or her services, such volunteer is waiving his
    17  or her right to receive the minimum wage pursuant to this  article,  and
    18  (3)  such  notice  shall  be signed and dated by a representative of the
    19  business and the volunteer and kept on file by the business for  thirty-
    20  six months; or (o) in the delivery of newspapers or shopping news to the
    21  consumer  by a person who is not performing commercial goods transporta-
    22  tion services for a commercial goods  transportation  contractor  within
    23  the  meaning  of  article  twenty-five-C of this chapter. The exclusions
    24  from the term "employee" contained  in  this  subdivision  shall  be  as
    25  defined by regulations of the commissioner.
    26    "Employee"  also includes any individual employed or permitted to work
    27  in any non-teaching capacity by a school district or  board  of  cooper-
    28  ative  educational  services  except that the provisions of sections six
    29  hundred fifty-three through six hundred fifty-nine of this article shall
    30  not be applicable in any such case.
    31    § 2. This act shall take effect on the first of January next  succeed-
    32  ing the date on which it shall have become a law.