What's happening
This bill exempts certain out-of-state seasonal fair workers from New York’s minimum wage law under specific conditions.
Why it matters
Targets out-of-state workers at fairs. The exemption specifically applies to employees of traveling amusement or recreational establishments who reside outside New York, meaning local workers and in-state residents would still be covered by New York’s minimum wage law.
Requires adherence to various standards. To qualify for the exemption, employers must still pay all employees (not just those from out-of-state) at least the current New York minimum wage, and the business must meet specific federal operational criteria, attempting to prevent exploitation or substandard working conditions.
Protects union agreements. The exemption cannot override existing collective bargaining agreements, ensuring that unionized workers retain their negotiated wages and benefits, even if they’re out-of-state seasonal employees.
Limits scope to specific fairgrounds. The exemption only applies when the work is performed on the premises of a county or agricultural fairground, so it does not extend to other types of entertainment venues or permanent amusement parks.
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Who cares
Headline styles
Exclude Fair Workers from Minimum Wage
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4644
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
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 minimum wage act
The People of the State of New York, represented in Senate and Assembly, 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, the opening paragraph as amended by chapter 503 of the laws of 2016, 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 operating a taxicab; (f) as a volunteer, learner or apprentice by a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational 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 minister, 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 individual 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08773-01-7
A. 4644 2
summer camp or conference of such a religious, educational or charitable institution for not more than three months annually; (l) as a staff counselor in a children's camp; (m) in or for a college or university fraternity, sorority, student association or faculty association, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which is recognized by such college or university, if such individual is a student; (n) by a federal, state or municipal government or political subdivision thereof; (o) as a volunteer at a recreational or amusement event run by a business that operates such events, provided that no single such event lasts longer than eight consecutive days and no more than one such event concerning substantially the same subject matter occurs in any calendar year, where (1) any such volunteer shall be at least eighteen years of age, (2) a business seeking coverage under this paragraph shall notify every volunteer in writing, in language acceptable to the commissioner, that by volunteering his or her services, such volunteer is waiving his or her right to receive the minimum wage pursuant to this article, and (3) such notice shall be signed and dated by a representative of the business and the volunteer and kept on file by the business for thirty-six months; [or] (p) in the delivery of newspapers or shopping news to the consumer by a person who is not performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article twenty-five-C of this chapter; or (q) an employee of a traveling amusement or recreational establishment who resides outside of this state, provided that (i) such establishment adheres to current state minimum wage rates for all employees, (ii) such establishment meets the business operations criteria established under paragraph three of subdivision a of section thirteen of the federal fair labor standards act, and (iii) such person is employed in his or her capacity as an employee on the premises of a county or agricultural fairground; provided, however, that the provisions of this paragraph 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 an employer and a recognized or certified employee organization. The exclusions from the term "employee" contained in this subdivision shall be as defined by regulations of the commissioner. The exclusions from the term "employee" contained in this subdivision shall be as defined by regulations of the commissioner.
"Employee" also includes any individual employed or permitted to work in any non-teaching capacity by a school district or board of cooperative educational services except that the provisions of sections six hundred fifty-three through six hundred fifty-nine of this article shall not be applicable in any such case.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.