S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1006
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. STECK, BURDICK, R. CARROLL, CRUZ, COOK, DeSTEFA-
   NO,  HYNDMAN,  JACOBSON,  LUPARDO,   PAULIN,   RIVERA,   SANTABARBARA,
   SEAWRIGHT,  SIMON,  STERN,  STIRPE,  WEPRIN, REYES, BRABENEC, MIKULIN,
   BENDETT, DAVILA, GANDOLFO, RAGA --  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 391 of the laws of 2024, 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] SALESPERSON; (d) as a driver engaged in operating a  taxicab;
 (e)  as  a volunteer, learner or apprentice by a corporation, unincorpo-
 rated association, 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 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

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

                                                            LBD00052-02-5
 A. 1006                             2

 if the earning capacity of such individual is  impaired  by  age  or  by
 physical or mental deficiency or injury; (j)] in or for a summer camp or
 conference  of  such  a religious, 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 individual is a student; [(m)]  (L)  by  a  federal,
 state  or  municipal  government or political subdivision thereof; [(n)]
 (M) as a volunteer at a recreational or amusement event run by  a  busi-
 ness 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]  THEIR  services,  such  volunteer  is
 waiving [his or her] THEIR right to receive the minimum wage pursuant to
 this  article, and (3) such notice shall be signed and dated by a repre-
 sentative of the business and the volunteer and  kept  on  file  by  the
 business  for thirty-six months; [(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 trans-
 portation contractor within the meaning of article twenty-five-C of this
 chapter; or [(p)] (O) 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. 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.
 A. 1006                             3
 
   §  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.