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

BILL NUMBER:S1071B

Title of bill

An act to amend the labor law, in relation to excluding certain seasonal fair workers from the definition of employee for purposes of the minimum wage act

Purpose or general idea of bill

To update and amend the labor law to reflect the guidelines used in the Federal Fair Labor Standards Act regarding seasonal workers employed in the operation of county and agricultural fairs.

Summary of provisions

Section 651 of the labor law is amended by adding a new paragraph to exempt employees of County or agricultural fairs or amusement or recre- ational establishments from overtime requirements, provided that such establishments adhere to current state minimum wage rates and to the extent that such employees reside outside of the State of New York. Overtime requirements would still apply to any employee who is a resident of New York State. The provisions of this section shall not supersede the terms of a collective bargaining agreement or apply to a policy that is the result of a collective bargaining agreement between and employer and a recognized or certified employee organization

Justification

Seasonal county and agricultural fairs in New York State remain one of the last linkages between our agricultural heritage and today's urban based society. Since many fair and carnival jobs are concerned with operating amusement rides and focus on ride safety of patrons, and these workers typically travel with the business it is not appropriate to apply mandatory overtime costs for these workers. This bill would however maintain overtime benefits for anyone hired locally from within our state. These jobs are very specialized and the safety of fair patrons is very much dependent upon these skilled workers. Without some sort of relief from increasing costs, our agricultural fairs will see a decline in revenues and many will be forced to close their doors. This bill offers the opportunity for a win-win situation where carnival companies receive regulatory certainty and some cost relief, while the rights of workers who are citizens of our state are maintained and protected.

Prior legislative history

2011/2012: S.2399B/A.379B; Committed to Rules 2009/2010: S.7470/A.10619, Referred to Labor

Fiscal implications

None to the State,

Effective date

This act shall take effect on the thirtieth day after it shall become law..