Bill Text: NY S04018 | 2019-2020 | General Assembly | Amended

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 5-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S04018 Detail]

Download: New_York-2019-S04018-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 25, 2019

        Introduced  by Sens. SKOUFIS, GOUNARDES, SALAZAR, STAVISKY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Labor -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee

        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 503 of the laws of 2016, 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  labor  on  a
     8  farm;  (c)  in  a  bona  fide executive, administrative, or professional
     9  capacity; (d) as an outside salesman; (e) as a driver engaged in operat-
    10  ing a taxicab; (f) as a volunteer, learner or  apprentice  by  a  corpo-
    11  ration,  unincorporated association, community chest, fund or foundation
    12  organized and operated exclusively for religious, charitable  or  educa-
    13  tional  purposes,  no  part  of  the net earnings of which inures to the
    14  benefit of any private shareholder or individual; (g) as a member  of  a
    15  religious  order, or as a duly ordained, commissioned or licensed minis-
    16  ter, priest or rabbi, or as a sexton, or as a christian science  reader;
    17  (h)  in or for such a religious or charitable institution, which work is
    18  incidental to or in return for charitable aid conferred upon such  indi-
    19  vidual  and not under any express contract of hire; (i) in or for such a
    20  religious, educational or charitable institution if such individual is a
    21  student; (j) [in or for such  a  religious,  educational  or  charitable
    22  institution  if  the  earning capacity of such individual is impaired by
    23  age or by physical or mental deficiency or injury;  (k)]  in  or  for  a

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

        S. 4018--A                          2

     1  summer camp or conference of such a religious, educational or charitable
     2  institution  for  not  more  than  three months annually; [(l)] (k) as a
     3  staff counselor in a children's camp; [(m)] (l) in or for a  college  or
     4  university  fraternity, sorority, student association or faculty associ-
     5  ation, 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; [(n)] (m) by a
     8  federal, state or municipal government or political subdivision thereof;
     9  [(o)] (n) as a volunteer at a recreational or amusement event run  by  a
    10  business  that  operates such events, provided that no single such event
    11  lasts 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 [(p)] (o) in the delivery of newspapers or shopping  news
    21  to  the  consumer  by  a  person  who is not performing commercial goods
    22  transportation services for a commercial goods transportation contractor
    23  within the meaning of article twenty-five-C of this chapter. The  exclu-
    24  sions from the term "employee" contained in this subdivision shall be as
    25  defined by regulations of the commissioner.
    26    §  2.  Paragraph (c) of subdivision 5 of section 655 of the labor law,
    27  as amended by chapter 747 of the laws of 1978, is  amended  to  read  as
    28  follows:
    29    (c)  The  wage  board  may  also recommend, to the extent necessary in
    30  order to prevent curtailment  of  opportunities  for  employment,  regu-
    31  lations  for  (1)  the  employment  of  learners  and apprentices, under
    32  special certificates issued by the commissioner,  at  such  wages  lower
    33  than  the  minimum  wage established by this article and subject to such
    34  limitations as to time, number, proportion  and  length  of  service  as
    35  shall  be prescribed in such regulation, (2) [the employment of individ-
    36  uals whose earning capacity is affected or impaired by youth or  age  or
    37  by  physical  or mental deficiency or injury, under special certificates
    38  issued by the commissioner, at such wages lower than  the  minimum  wage
    39  established  by  this article and for such period as shall be prescribed
    40  in such regulation, (3)] the establishment of  a  period  not  extending
    41  beyond  seventeen  consecutive weeks during which a resort hotel or camp
    42  may employ students under special certificates issued by the commission-
    43  er, at such wages lower than the minimum wage established by this  arti-
    44  cle as shall be prescribed in such regulation, and [(4)] (3) the employ-
    45  ment   of  residential  employees  in  a  non-profit  making  religious,
    46  charitable or educational organization or in a non-profit making college
    47  or university sorority or fraternity under special  certificates  issued
    48  by  the  commissioner at such weekly wage as shall be prescribed in such
    49  regulation.
    50    § 3. This act shall take effect on the thirty-first of  December  next
    51  succeeding  the  date  upon  which it shall have become a law. Effective
    52  immediately, the addition, amendment and/or repeal of any rule or  regu-
    53  lation  by  the  department of labor necessary for the implementation of
    54  this act on its effective date are authorized to be made  and  completed
    55  on or before such effective date.