S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4018
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04315-01-9

 S. 4018                             2
 
 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 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-

 S. 4018                             3
 
 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
 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.