S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11290
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Skoufis) --
   read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in  relation  to  the  minimum  wage  for
   employees with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 5 of  section  651  of
 the labor law, as amended by chapter 503 of the laws of 2016, is amended
 to read as follows:
   "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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15572-04-8

 A. 11290                            2
 
 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  volun-
 teer  at  a recreational or amusement event run by a business that oper-
 ates 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 volun-
 teer  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.  The  exclusions  from  the  term
 "employee"  contained  in  this subdivision shall be as defined by regu-
 lations of the commissioner.
   § 2. Section 652 of the labor law is amended by adding a new  subdivi-
 sion 7 to read as follows:
   7.  NO EMPLOYER SHALL PAY TO ANY EMPLOYEE A WAGE THAT IS LESS THAN THE
 WAGE ESTABLISHED PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS SECTION ON
 THE BASIS THAT SUCH EMPLOYEE HAS AN ACTUAL OR PERCEIVED DISABILITY.  FOR
 THE  PURPOSES  OF THIS SUBDIVISION, THE TERM "DISABILITY" SHALL HAVE THE
 SAME MEANING AS SET FORTH  IN  SUBDIVISION  TWENTY-ONE  OF  SECTION  TWO
 HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE LAW. NOTHING IN THIS SUBDIVISION
 SHALL BE CONSTRUED TO LIMIT THE PROVISIONS OF ANY OTHER LAW OR ANY MINI-
 MUM WAGE ORDER ISSUED UNDER THIS ARTICLE THAT AUTHORIZES AN EMPLOYER  TO
 PAY  A  WAGE THAT IS LESS THAN THE WAGE ESTABLISHED PURSUANT TO SUBDIVI-
 SIONS ONE AND TWO OF THIS SECTION,  PROVIDED  THAT,  IN  SUCH  CASE,  AN
 EMPLOYEE  THAT  HAS A DISABILITY SHALL BE PAID A WAGE THAT IS CONSISTENT
 WITH AN EMPLOYEE IN A COMPARABLE POSITION THAT DOES NOT HAVE A DISABILI-
 TY.
   § 3. Paragraph (c) of subdivision 5 of section 655 of the  labor  law,
 as  amended  by  chapter  747 of the laws of 1978, is amended to read as
 follows:
   (c) The wage board may also recommend,  to  the  extent  necessary  in
 order  to  prevent  curtailment  of  opportunities for employment, regu-
 lations for (1)  the  employment  of  learners  and  apprentices,  under
 special  certificates  issued  by  the commissioner, at such wages lower
 than the minimum wage established by this article and  subject  to  such
 limitations  as  to  time,  number,  proportion and length of service as
 shall be prescribed in such regulation, (2) the employment  of  individ-
 uals  whose earning capacity is affected or impaired by youth or age [or
 by physical or mental deficiency or injury], under special  certificates
 issued  by  the  commissioner, at such wages lower than the minimum wage
 established by this article and for such period as shall  be  prescribed
 in  such  regulation,  (3)  the  establishment of a period not extending
 beyond seventeen consecutive weeks during which a resort hotel  or  camp
 may employ students under special certificates issued by the commission-
 er,  at such wages lower than the minimum wage established by this arti-
 cle as shall be prescribed in such regulation, and (4) the employment of
 residential employees in a non-profit making  religious,  charitable  or
 educational organization or in a non-profit making college or university

 A. 11290                            3
 
 sorority  or fraternity under special certificates issued by the commis-
 sioner at such weekly wage as shall be prescribed in such regulation.
   §  4. Section 673 of the labor law is amended by adding a new subdivi-
 sion 3 to read as follows:
   3.  NO EMPLOYER SHALL PAY TO ANY EMPLOYEE A WAGE THAT IS LESS THAN THE
 WAGE ESTABLISHED PURSUANT TO SUBDIVISIONS ONE AND  TWO  OF  SECTION  SIX
 HUNDRED FIFTY-TWO OF THIS CHAPTER ON THE BASIS THAT SUCH EMPLOYEE HAS AN
 ACTUAL  OR  PERCEIVED  DISABILITY. FOR THE PURPOSES OF THIS SUBDIVISION,
 THE TERM "DISABILITY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION TWENTY-ONE OF SECTION TWO HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE
 LAW.  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO LIMIT THE
 PROVISIONS OF ANY OTHER LAW OR ANY MINIMUM WAGE ORDER ISSUED UNDER  THIS
 ARTICLE  THAT AUTHORIZES AN EMPLOYER TO PAY A WAGE THAT IS LESS THAN THE
 WAGE ESTABLISHED PURSUANT TO SUBDIVISIONS ONE AND  TWO  OF  SECTION  SIX
 HUNDRED  FIFTY-TWO  OF  THIS  CHAPTER,  PROVIDED  THAT, IN SUCH CASE, AN
 EMPLOYEE THAT HAS A DISABILITY SHALL BE PAID A WAGE THAT  IS  CONSISTENT
 WITH AN EMPLOYEE IN A COMPARABLE POSITION THAT DOES NOT HAVE A DISABILI-
 TY.
   §  5. Subdivision 1 of section 674 of the labor law, as added by chap-
 ter 552 of the laws of 1969, is amended to read as follows:
   1. The commissioner may promulgate such regulations as he OR SHE deems
 appropriate to carry out the purposes of this article and  to  safeguard
 minimum wage standards. Such regulations may include, but are not limit-
 ed  to,  the defining of the circumstances or conditions for the accept-
 ance of non-hourly rates and piece rates as equivalent  to  the  minimum
 hourly  rates  established  by  this  article. Such regulations also may
 include, but are not limited to, waiting time  and  call-in  pay  rates;
 wage  provisions  governing guaranteed earnings during specified periods
 of work; allowances for meals, lodging, and other  items,  services  and
 facilities  when  furnished by the employer; and the employment of indi-
 viduals whose earning capacity is affected or impaired by youth or age[,
 or by physical or mental deficiency or injury],  under  special  certif-
 icates  issued by the commissioner, at such wages lower than the minimum
 wage established by this  article  and  for  such  period  as  shall  be
 prescribed in such regulations.
   §  6.  This act shall take effect on the thirty-first of December next
 succeeding the date upon which it shall have  become  a  law.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation by the department of labor necessary for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.