Bill Text: NY S01828 | 2021-2022 | General Assembly | Introduced
Bill Title: Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S01828 Detail]
Download: New_York-2021-S01828-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1828 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sens. SKOUFIS, BIAGGI, GOUNARDES, SALAZAR, STAVISKY -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. The opening paragraph of subdivision 5 of section 651 of 2 the labor law, as amended by chapter 105 of the laws of 2019, is amended 3 to read as follows: 4 "Employee" includes any individual employed or permitted to work by an 5 employer in any occupation, but shall not include any individual who is 6 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; (d) as a driver engaged in operating a taxicab; (e) as a 10 volunteer, learner or apprentice by a corporation, unincorporated asso- 11 ciation, community chest, fund or foundation organized and operated 12 exclusively for religious, charitable or educational purposes, no part 13 of the net earnings of which inures to the benefit of any private share- 14 holder or individual; (f) as a member of a religious order, or as a duly 15 ordained, commissioned or licensed minister, priest or rabbi, or as a 16 sexton, or as a christian science reader; (g) in or for such a religious 17 or charitable institution, which work is incidental to or in return for 18 charitable aid conferred upon such individual and not under any express 19 contract of hire; (h) in or for such a religious, educational or chari- 20 table institution if such individual is a student; (i) [in or for such a21religious, educational or charitable institution if the earning capacity22of such individual is impaired by age or by physical or mental deficien-23cy or injury; (j)] in or for a summer camp or conference of such a reli- 24 gious, educational or charitable institution for not more than three EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04129-01-1S. 1828 2 1 months annually; [(k)] (j) as a staff counselor in a children's camp; 2 [(l)] (k) in or for a college or university fraternity, sorority, 3 student association or faculty association, no part of the net earnings 4 of which inures to the benefit of any private shareholder or individual, 5 and which is recognized by such college or university, if such individ- 6 ual is a student; [(m)] (l) by a federal, state or municipal government 7 or political subdivision thereof; [(n)] (m) as a volunteer at a recre- 8 ational or amusement event run by a business that operates such events, 9 provided that no single such event lasts longer than eight consecutive 10 days and no more than one such event concerning substantially the same 11 subject matter occurs in any calendar year, where (1) any such volunteer 12 shall be at least eighteen years of age, (2) a business seeking coverage 13 under this paragraph shall notify every volunteer in writing, in 14 language acceptable to the commissioner, that by volunteering his or her 15 services, such volunteer is waiving his or her right to receive the 16 minimum wage pursuant to this article, and (3) such notice shall be 17 signed and dated by a representative of the business and the volunteer 18 and kept on file by the business for thirty-six months; or [(o)] (n) in 19 the delivery of newspapers or shopping news to the consumer by a person 20 who is not performing commercial goods transportation services for a 21 commercial goods transportation contractor within the meaning of article 22 twenty-five-C of this chapter. The exclusions from the term "employee" 23 contained in this subdivision shall be as defined by regulations of the 24 commissioner. 25 § 2. Paragraph (c) of subdivision 5 of section 655 of the labor law, 26 as amended by chapter 747 of the laws of 1978, is amended to read as 27 follows: 28 (c) The wage board may also recommend, to the extent necessary in 29 order to prevent curtailment of opportunities for employment, regu- 30 lations for (1) the employment of learners and apprentices, under 31 special certificates issued by the commissioner, at such wages lower 32 than the minimum wage established by this article and subject to such 33 limitations as to time, number, proportion and length of service as 34 shall be prescribed in such regulation, (2) [the employment of individ-35uals whose earning capacity is affected or impaired by youth or age or36by physical or mental deficiency or injury, under special certificates37issued by the commissioner, at such wages lower than the minimum wage38established by this article and for such period as shall be prescribed39in such regulation, (3)] the establishment of a period not extending 40 beyond seventeen consecutive weeks during which a resort hotel or camp 41 may employ students under special certificates issued by the commission- 42 er, at such wages lower than the minimum wage established by this arti- 43 cle as shall be prescribed in such regulation, and [(4)] (3) the employ- 44 ment of residential employees in a non-profit making religious, 45 charitable or educational organization or in a non-profit making college 46 or university sorority or fraternity under special certificates issued 47 by the commissioner at such weekly wage as shall be prescribed in such 48 regulation. 49 § 3. This act shall take effect on the thirty-first of December next 50 succeeding the date upon which it shall have become a law. Effective 51 immediately, the addition, amendment and/or repeal of any rule or regu- 52 lation by the department of labor necessary for the implementation of 53 this act on its effective date are authorized to be made on or before 54 such effective date.
