S T A T E O F N E W Y O R K
________________________________________________________________________
8984
I N A S S E M B L Y
January 31, 2024
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to providing certain
exemptions for individuals having entered into a contract to play
baseball at the minor league level and who are compensated pursuant to
the terms of a collective bargaining agreement
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-
gious, 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 university fraternity, sorority, student association
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11575-01-3
A. 8984 2
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 federal, 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 accepta-
ble to the commissioner, that by volunteering his or her services, such
volunteer is waiving his or her right to receive the minimum wage pursu-
ant 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 transportation services for a commercial goods trans-
portation contractor within the meaning of article twenty-five-C of this
chapter; OR (P) HAVING ENTERED INTO A CONTRACT TO PLAY BASEBALL AT THE
MINOR LEAGUE LEVEL AND WHO IS COMPENSATED PURSUANT TO THE TERMS OF A
COLLECTIVE BARGAINING AGREEMENT THAT EXPRESSLY PROVIDES FOR THE WAGES,
HOURS OF WORK, AND WORKING CONDITIONS OF EMPLOYEES. The exclusions from
the term "employee" contained in this subdivision shall be as defined by
regulations of the commissioner.
§ 2. Subdivisions 2 and 4 of section 190 of the labor law, as added by
chapter 548 of the laws of 1966, are amended to read as follows:
2. "Employee" means any person employed for hire by an employer in any
employment, BUT WITH RESPECT TO THE ENTIRETY OF THIS ARTICLE, EXCEPT
SECTIONS ONE HUNDRED NINETY-THREE, ONE HUNDRED NINETY-SIX-B, ONE HUNDRED
NINETY-EIGHT, AND ONE HUNDRED NINETY-EIGHT-B, SHALL NOT INCLUDE ANY
PERSON WHO HAS ENTERED INTO A CONTRACT TO PLAY BASEBALL AT THE MINOR
LEAGUE LEVEL AND WHO IS COMPENSATED PURSUANT TO THE TERMS OF A COLLEC-
TIVE BARGAINING AGREEMENT THAT EXPRESSLY PROVIDES FOR THE WAGES, HOURS
OF WORK, AND WORKING CONDITIONS OF EMPLOYEES.
4. "Manual worker" means a mechanic, workingman or laborer, BUT SHALL
NOT INCLUDE ANY PERSON WHO HAS ENTERED INTO A CONTRACT TO PLAY BASEBALL
AT THE MINOR LEAGUE LEVEL AND WHO IS COMPENSATED PURSUANT TO THE TERMS
OF A COLLECTIVE BARGAINING AGREEMENT THAT EXPRESSLY PROVIDES FOR THE
WAGES, HOURS OF WORK, AND WORKING CONDITIONS OF EMPLOYEES.
§ 3. This act shall take effect immediately.