S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4347
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. STECK, BURDICK, COLTON, CRUZ, COOK, DeSTEFANO,
   DICKENS, HYNDMAN, JACOBSON,  LUPARDO,  PAULIN,  RIVERA,  SANTABARBARA,
   SEAWRIGHT,  SIMON,  STERN, STIRPE, WEPRIN -- 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 105 of the laws of 2019, 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 a bona fide
 executive, administrative, or professional capacity; (c) as  an  outside
 salesman;  (d)  as  a  driver  engaged  in operating a taxicab; (e) as a
 volunteer, learner or apprentice by a corporation, unincorporated  asso-
 ciation,  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 share-
 holder or individual; (f) 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; (g) 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; (h) in or for such a religious, educational or  chari-
 table institution if such individual is a student; (i) [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; (j)] in or for a summer camp or conference of such a reli-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05514-01-3
              

 A. 4347                             2
 
 gious,  educational  or  charitable  institution for not more than three
 months annually; [(k)] (J) as a staff counselor in  a  children's  camp;
 [(l)]  (K)  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  individ-
 ual  is a student; [(m)] (L) by a federal, state or municipal government
 or political subdivision thereof; [(n)] (M) as a volunteer at  a  recre-
 ational  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 [(o)] (N)  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 regulations of  the
 commissioner.
   §  2.  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)] (3) the employ-
 ment   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  commissioner at such weekly wage as shall be prescribed in such
 regulation.
   § 3. 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  on  or  before
 such effective date.