Assembly Bill A1543

2015-2016 Legislative Session

Excludes certain seasonal fair workers from the definition of employee for purposes of the minimum wage act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A1543 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §651, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10619
2011-2012: A379
2013-2014: A5202
2017-2018: A4644

2015-A1543 (ACTIVE) - Summary

Excludes certain seasonal fair workers from the definition of employee for purposes of the minimum wage act.

2015-A1543 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1543

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A. MAGEE, McLAUGHLIN, LOPEZ, STIRPE, BRINDISI --
  Multi-Sponsored by -- M.  of A. CROUCH -- read once  and  referred  to
  the Committee on Labor

AN ACT to amend the labor law, in relation to excluding certain seasonal
  fair workers from the definition of employee for purposes of the mini-
  mum wage act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 651 of the labor law,  as  amended
by chapter 481 of the laws of 2010, is amended to read as follows:
  5. "Employee" includes any individual employed or permitted to work by
an  employer in any occupation, but shall not include any individual who
is employed or permitted to work: (a) on a casual basis in service as  a
part  time  baby  sitter  in the home of the employer; (b) in labor on a
farm; (c) in a bona  fide  executive,  administrative,  or  professional
capacity; (d) as an outside salesman; (e) as a driver engaged in operat-
ing  a  taxicab;  (f)  as a volunteer, learner or apprentice by a corpo-
ration, unincorporated association, community chest, fund or  foundation
organized  and  operated exclusively for religious, charitable or educa-
tional purposes, no part of the net earnings  of  which  inures  to  the
benefit  of  any private shareholder or individual; (g) as a member of a
religious order, or as a duly ordained, commissioned or licensed  minis-
ter,  priest or rabbi, or as a sexton, or as a christian science reader;
(h) in or for such a religious or charitable institution, which work  is
incidental  to or in return for charitable aid conferred upon such indi-
vidual and not under any express contract of hire; (i) in or for such  a
religious, educational or charitable institution if such individual is a
student;  (j)  in  or  for  such  a religious, educational or charitable
institution if the earning capacity of such individual  is  impaired  by
age  or  by  physical  or  mental  deficiency or injury; (k) in or for a
summer camp or conference of such a religious, educational or charitable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05511-01-5
              

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