Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 12, 2010 |
referred to labor |
Assembly Bill A10619
2009-2010 Legislative Session
Sponsored By
MAGEE
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
Actions
multi-Sponsors
Clifford Crouch
2009-A10619 (ACTIVE) - Details
2009-A10619 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10619 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 agri- cultural fairs. SUMMARY OF PROVISIONS: Section 651 of the labor law is amended by adding a new paragraph (p) to include fair workers as classified under the FLSA guidelines as exempt from the minimum wage act. 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 travel with the business, they are not condu- cive to training sufficient numbers of local workers to avoid mandatory overtime costs. These jobs are very specialized and the safety of fair patrons is very much dependent upon these skilled workers. In addition, carnival companies work in surrounding states and are not required to pay time and one-half the regular pay after 40 hours.
2009-A10619 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10619 I N A S S E M B L Y April 12, 2010 ___________ Introduced by M. of A. MAGEE -- 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 640 of the laws of 2005, 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) in service as a part time baby sitter in the home of the employer; or someone who lives in the home of an employer for the purpose of serving as a companion to a sick, conva- lescing or elderly person, and whose principal duties do not include housekeeping; (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 chari- table institution, which work is incidental to or in return for charita- ble aid conferred upon such individual and not under any express contract of hire; (i) in or for such a religious, educational or chari- table 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 deficien- cy or injury; (k) in or for a summer camp or conference of such a reli- gious, educational or charitable institution for not more than three months annually; (l) as a staff counselor in a children's camp; (m) in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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