S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6236
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. BROOK-KRASNY, NOVAKHOV -- read once and referred
   to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to the definition of "employ-
   ee" for the purpose of the minimum 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 481 of the laws of 2010, the opening paragraph as amended  by
 chapter 105 of the laws of 2019, 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) 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]  SALESPERSON IF SUCH INDIVIDUAL IS NOT CONTRACTUALLY BOUND TO
 ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY AS A CAPTIVE  SALESPERSON,
 SOLICITOR,  AGENT,  VENDOR,  OR  OTHER  REPRESENTATIVE;  (d) as a driver
 engaged in operating a taxicab; (e) as a volunteer, learner  or  appren-
 tice by a corporation, unincorporated association, community chest, fund
 or foundation organized and operated exclusively for religious, charita-
 ble or educational purposes, no part of the net earnings of which inures
 to the benefit of any private shareholder 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  charitable  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 deficiency or injury; (j) in or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10285-01-3
              

 A. 6236                             2
 
 for  a  summer  camp  or  conference of such a religious, educational or
 charitable institution for not more than three months annually; (k) as a
 staff counselor in a children's camp; (l) in or for a college or univer-
 sity  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; (m) by a  feder-
 al,  state or municipal government or political subdivision thereof; (n)
 as a volunteer at a recreational 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) in the delivery of newspapers or shopping news to the
 consumer  by a person who is not performing commercial goods transporta-
 tion 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.
   "Employee"  also includes any individual employed or permitted to work
 in any non-teaching capacity by a school district or  board  of  cooper-
 ative  educational  services  except that the provisions of sections six
 hundred fifty-three through six hundred fifty-nine of this article shall
 not be applicable in any such case.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.