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S2227Senate2019-2020 Session

Change Employee Definition

Official title

“Relates to the definition of employee”

Sponsor James Sanders Jr.SD-10Affects Economy
Status
In Senate Committee
Labor
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill amends the labor law to specify that only federal government employees are excluded from the definition of "employee."

Why it matters

  1. Expands eligibility for labor law protections. By removing state and municipal government employees from the exclusion, this bill allows those workers to be covered under the same labor protections (such as minimum wage and overtime) as private sector employees.

  2. Could impact thousands of public sector workers. This change means that state and local government employees in New York would have access to rights and benefits previously unavailable to them under the state's labor law, potentially improving their working conditions and compensation.

  3. Distinguishes federal employees. Only federal government employees remain excluded, clarifying that the law’s protections now explicitly apply to almost all workers in New York except those employed by the federal government, reducing ambiguity and potential legal disputes over coverage.

  4. May require adjustments for state and local governments. Governments at these levels may need to review and possibly change their employment practices, policies, and budgets to comply with the new labor law requirements for their workforce.

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Who cares

  • State government workers

    The bill would remove state employment from this exclusion in the Labor Law’s definition of “employee.”

  • Municipal and political subdivision workers

    The bill would remove municipal and political subdivision employment from the exclusion while retaining the exclusion for federal employment.

  • State and local government employers

    The bill would eliminate the government-employment exclusion for their workforces, potentially bringing workers within the definition of “employee” unless another exclusion applies.

Headline styles

Change Employee Definition

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

No co-sponsors yet.

History

  1. Referred to labor
  2. Referred to labor

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2227

2019-2020 Regular Sessions

IN SENATE

January 23, 2019

Introduced by Sen. SANDERS -- 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 definition of employee

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (n) of 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:

(n) by [a] the federal[, state or municipal] government [or political subdivision thereof]. The exclusions from the term "employee" contained in this subdivision shall be as defined by regulations of the commissioner; or

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08153-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to the definition of employee

Purpose

To amend the Minimum Wage Act to include state and municipal government employees as having to be paid at least the minimum wage.

Summary of provisions

Section 1 amends paragraph (n) of subdivision 5 of section 651 of the labor law, as amended by chapter 481 of the laws of 2010, to provide that state and municipal government employees are no longer exempted from the minimum wage act.

Section 2 of the bill provides that the act shall take effect immediate- ly.

Existing law

Federal, state and municipal government employees are excluded from having to be paid at least the minimum wage.

Justification

As efforts to increase the statewide minimum wage intensify, so must efforts to ensure the minimum wage applies to everyone. Under current law, government employees are exempted from the minimum wage.

Legislative history

01/29/16 Referred to Labor

Fiscal implications

Undetermined

Local fiscal implications

Undetermined

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.