S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8602
 
                             I N  S E N A T E
 
                             February 21, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  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
 S. 8602                             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.