Bill Text: NY S04018 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2020-01-08 - REFERRED TO LABOR [S04018 Detail]
Download: New_York-2019-S04018-Introduced.html
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 - Dead) 2020-01-08 - REFERRED TO LABOR [S04018 Detail]
Download: New_York-2019-S04018-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4018 2019-2020 Regular Sessions IN SENATE February 25, 2019 ___________ Introduced by Sen. SKOUFIS -- 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 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 24 summer camp or conference of such a religious, educational or charitable 25 institution for not more than three months annually; (l) as a staff EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04315-01-9S. 4018 2 1 counselor in a children's camp; (m) in or for a college or university 2 fraternity, sorority, student association or faculty association, no 3 part of the net earnings of which inures to the benefit of any private 4 shareholder or individual, and which is recognized by such college or 5 university, if such individual is a student; (n) by a federal, state or 6 municipal government or political subdivision thereof; (o) as a volun- 7 teer at a recreational or amusement event run by a business that oper- 8 ates such events, provided that no single such event lasts longer than 9 eight consecutive days and no more than one such event concerning 10 substantially the same subject matter occurs in any calendar year, where 11 (1) any such volunteer shall be at least eighteen years of age, (2) a 12 business seeking coverage under this paragraph shall notify every volun- 13 teer in writing, in language acceptable to the commissioner, that by 14 volunteering his or her services, such volunteer is waiving his or her 15 right to receive the minimum wage pursuant to this article, and (3) such 16 notice shall be signed and dated by a representative of the business and 17 the volunteer and kept on file by the business for thirty-six months; or 18 (p) in the delivery of newspapers or shopping news to the consumer by a 19 person who is not performing commercial goods transportation services 20 for a commercial goods transportation contractor within the meaning of 21 article twenty-five-C of this chapter. The exclusions from the term 22 "employee" contained in this subdivision shall be as defined by regu- 23 lations of the commissioner. 24 § 2. Section 652 of the labor law is amended by adding a new subdivi- 25 sion 7 to read as follows: 26 7. No employer shall pay to any employee a wage that is less than the 27 wage established pursuant to subdivisions one and two of this section on 28 the basis that such employee has an actual or perceived disability. For 29 the purposes of this subdivision, the term "disability" shall have the 30 same meaning as set forth in subdivision twenty-one of section two 31 hundred ninety-two of the executive law. Nothing in this subdivision 32 shall be construed to limit the provisions of any other law or any mini- 33 mum wage order issued under this article that authorizes an employer to 34 pay a wage that is less than the wage established pursuant to subdivi- 35 sions one and two of this section, provided that, in such case, an 36 employee that has a disability shall be paid a wage that is consistent 37 with an employee in a comparable position that does not have a disabili- 38 ty. 39 § 3. Paragraph (c) of subdivision 5 of section 655 of the labor law, 40 as amended by chapter 747 of the laws of 1978, is amended to read as 41 follows: 42 (c) The wage board may also recommend, to the extent necessary in 43 order to prevent curtailment of opportunities for employment, regu- 44 lations for (1) the employment of learners and apprentices, under 45 special certificates issued by the commissioner, at such wages lower 46 than the minimum wage established by this article and subject to such 47 limitations as to time, number, proportion and length of service as 48 shall be prescribed in such regulation, (2) the employment of individ- 49 uals whose earning capacity is affected or impaired by youth or age [or50by physical or mental deficiency or injury], under special certificates 51 issued by the commissioner, at such wages lower than the minimum wage 52 established by this article and for such period as shall be prescribed 53 in such regulation, (3) the establishment of a period not extending 54 beyond seventeen consecutive weeks during which a resort hotel or camp 55 may employ students under special certificates issued by the commission- 56 er, at such wages lower than the minimum wage established by this arti-S. 4018 3 1 cle as shall be prescribed in such regulation, and (4) the employment of 2 residential employees in a non-profit making religious, charitable or 3 educational organization or in a non-profit making college or university 4 sorority or fraternity under special certificates issued by the commis- 5 sioner at such weekly wage as shall be prescribed in such regulation. 6 § 4. Section 673 of the labor law is amended by adding a new subdivi- 7 sion 3 to read as follows: 8 3. No employer shall pay to any employee a wage that is less than the 9 wage established pursuant to subdivisions one and two of section six 10 hundred fifty-two of this chapter on the basis that such employee has an 11 actual or perceived disability. For the purposes of this subdivision, 12 the term "disability" shall have the same meaning as set forth in subdi- 13 vision twenty-one of section two hundred ninety-two of the executive 14 law. Nothing in this subdivision shall be construed to limit the 15 provisions of any other law or any minimum wage order issued under this 16 article that authorizes an employer to pay a wage that is less than the 17 wage established pursuant to subdivisions one and two of section six 18 hundred fifty-two of this chapter, provided that, in such case, an 19 employee that has a disability shall be paid a wage that is consistent 20 with an employee in a comparable position that does not have a disabili- 21 ty. 22 § 5. Subdivision 1 of section 674 of the labor law, as added by chap- 23 ter 552 of the laws of 1969, is amended to read as follows: 24 1. The commissioner may promulgate such regulations as he or she deems 25 appropriate to carry out the purposes of this article and to safeguard 26 minimum wage standards. Such regulations may include, but are not limit- 27 ed to, the defining of the circumstances or conditions for the accept- 28 ance of non-hourly rates and piece rates as equivalent to the minimum 29 hourly rates established by this article. Such regulations also may 30 include, but are not limited to, waiting time and call-in pay rates; 31 wage provisions governing guaranteed earnings during specified periods 32 of work; allowances for meals, lodging, and other items, services and 33 facilities when furnished by the employer; and the employment of indi- 34 viduals whose earning capacity is affected or impaired by youth or age[,35or by physical or mental deficiency or injury], under special certif- 36 icates issued by the commissioner, at such wages lower than the minimum 37 wage established by this article and for such period as shall be 38 prescribed in such regulations. 39 § 6. This act shall take effect on the thirty-first of December next 40 succeeding the date upon which it shall have become a law. Effective 41 immediately, the addition, amendment and/or repeal of any rule or regu- 42 lation by the department of labor necessary for the implementation of 43 this act on its effective date are authorized to be made and completed 44 on or before such effective date.
