NY State Senate Bill 2025-S28A

Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2025	print number 28a
Feb 05, 2025	amend and recommit to labor
Jan 08, 2025	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

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2025-S28 - Details

See Assembly Version of this Bill:: A1006
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§651 & 655, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11290
2019-2020: S4018, A7077
2021-2022: S1828, A3103
2023-2024: S3434, A4347

2025-S28 - Summary

Eliminates provisions exempting employees with disabilities from the minimum wage law; provides that laws or minimum wage orders that authorize an employer to pay a wage that is less than the minimum wage are valid provided that under such laws or orders an employee with a disability is paid the same wage as an employee in a comparable position that does not have a disability.

2025-S28 - Sponsor Memo

                                 
BILL NUMBER: S28

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the labor law, in relation to the minimum wage for
employees with disabilities

 
PURPOSE:

The purpose of the bill is to eliminate the subminimum wage for employ-
ees based on their age or disability.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 5 of section 651 of the labor law to
repeal the exclusion of individuals working in or for a religious,
educational, or charitable institution whose earning capacity is
impaired by age or by physical or mental deficiency or injury as
"employees" for purposes of payment of the minimum wage.

Section 2: Amends subdivision 5 of section 655 of the labor law to

repeal the ability of the Commissioner of Labor to promulgate regu-
lations for the employment of individuals whose earning capacity is
affected or impaired by youth or age or by physical or mental deficiency
or injury at wages lower than the minimum wage.

Section 3: Sets effective date.

 
JUSTIFICATION:

In 1938, Congress passed the Fair Labor Standards Act (FLSA) as part of
the New Deal, introducing key worker protections such as the federal
minimum wage. Section 14(c) of the FLSA was included to provide employ-
ment opportunities for disabled soldiers returning from World War I and
World War II. Over time, however, the focus shifted away from veterans,
and Section 14(c) now remains a legal mechanism for paying workers with
disabilities less than the minimum wage.

The Americans with Disabilities Act (ADA) of 1990 was a landmark piece
of legislation that, for the first time, made it illegal for employers
to discriminate against workers with disabilities. While the ADA has
brought critical protections to disabled Americans, it remains incom-
plete in addressing systemic discrimination in the workplace-particular-
ly the continued use of subminimum wages.

Under Section 14(c) of the FLSA, many disability providers employ work-
ers in "sheltered workshops," where they are often paid pennies on the
dollar for their labor. Several states, including Alaska, Illinois,
Maryland, and New Hampshire, have abolished this outdated practice by
ending the payment of subminimum wages. This bill seeks to follow their
lead and ensure that all workers, regardless of disability or age,
receive fair pay and equitable treatment under the law.

 
LEGISLATIVE HISTORY:

Senate

2019:S4018-A, Advanced to Third Reading
2020:S4018-A, Referred to Labor

2021:S1828, Referred to Labor

2022:S1828, Referred to Labor

2023:S3434, Referred to Labor

2024:S3434, Reported and Committed to Disabilities

Assembly

2019:A7077-A, Amended, and Recommitted to Labor

2020:A7077-A, Referred to Codes

2021:A3103, Referred to Labor

2022:A3103, Referred to Labor

2023:A4347, Referred to Labor

2024:A4347, Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S28 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    28
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  COMRIE,  COONEY,  FERNANDEZ, GOUNARDES,
   HARCKHAM,  HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  MAY,  RAMOS,  SALAZAR,
   STAVISKY  --  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  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. Subdivision 5 of section 651 of the labor law,  as  amended
 by  chapter  481    of  the  laws  of 2010, and the opening paragraph as
 amended by chapter 391 of the laws  of  2024,  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;  (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

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

                                                            LBD00052-01-5
 S. 28                               2

 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)]  (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] 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 representative 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  transportation  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.
   "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.  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,
 S. 28                               3
 
 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.

co-Sponsors

View additional co-sponsors

2025-S28A (ACTIVE) - Details

See Assembly Version of this Bill:: A1006
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§651 & 655, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11290
2019-2020: S4018, A7077
2021-2022: S1828, A3103
2023-2024: S3434, A4347

2025-S28A (ACTIVE) - Summary

2025-S28A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S28A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the labor law, in relation to the minimum wage for
employees with disabilities

 
PURPOSE:

The purpose of the bill is to eliminate the subminimum wage for employ-
ees based on their age or disability.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 5 of section 651 of the labor law to
repeal the exclusion of individuals working in or for a religious,
educational, or charitable institution whose earning capacity is
impaired by age or by physical or mental deficiency or injury as
"employees" for purposes of payment of the minimum wage.

Section 2: Amends subdivision 5 of section 655 of the labor law to

repeal the ability of the Commissioner of Labor to promulgate regu-
lations for the employment of individuals whose earning capacity is
affected or impaired by youth or age or by physical or mental deficiency
or injury at wages lower than the minimum wage.

Section 3: Sets effective date.

 
JUSTIFICATION:

In 1938, Congress passed the Fair Labor Standards Act (FLSA) as part of
the New Deal, introducing key worker protections such as the federal
minimum wage. Section 14(c) of the FLSA was included to provide employ-
ment opportunities for disabled soldiers returning from World War I and
World War II. Over time, however, the focus shifted away from veterans,
and Section 14(c) now remains a legal mechanism for paying workers with
disabilities less than the minimum wage.

The Americans with Disabilities Act (ADA) of 1990 was a landmark piece
of legislation that, for the first time, made it illegal for employers
to discriminate against workers with disabilities. While the ADA has
brought critical protections to disabled Americans, it remains incom-
plete in addressing systemic discrimination in the workplace-particular-
ly the continued use of subminimum wages.

Under Section 14(c) of the FLSA, many disability providers employ work-
ers in "sheltered workshops," where they are often paid pennies on the
dollar for their labor. Several states, including Alaska, Illinois,
Maryland, and New Hampshire, have abolished this outdated practice by
ending the payment of subminimum wages. This bill seeks to follow their
lead and ensure that all workers, regardless of disability or age,
receive fair pay and equitable treatment under the law.

 
LEGISLATIVE HISTORY:

Senate

2019: S4018-A, Advanced to Third Reading
2020: S4018-A, Referred to Labor

2021: S1828, Referred to Labor

2022: S1828, Referred to Labor

2023: S3434, Referred to Labor

2024: S3434, Reported and Committed to Disabilities

Assembly

2019: A7077-A, Amended, and Recommitted to Labor

2020: A7077-A, Referred to Codes

2021: A3103, Referred to Labor

2022: A3103, Referred to Labor

2023: A4347, Referred to Labor

2024: A4347, Referred to Labor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S28A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   28--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  COMRIE,  COONEY,  FERNANDEZ, GOUNARDES,
   HARCKHAM,  HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  MAY,  RAMOS,  SALAZAR,
   STAVISKY  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00052-03-5
 S. 28--A                            2
 
 (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 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.
 S. 28--A                            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.

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Senate Bill S28A

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2025-S28 - Details

2025-S28 - Summary

2025-S28 - Sponsor Memo

2025-S28 - Bill Text download pdf

co-Sponsors

2025-S28A (ACTIVE) - Details

2025-S28A (ACTIVE) - Summary

2025-S28A (ACTIVE) - Sponsor Memo

2025-S28A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S28A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2025-S28 - Details

2025-S28 - Summary

2025-S28 - Sponsor Memo

2025-S28 - Bill Text download pdf

co-Sponsors

2025-S28A (ACTIVE) - Details

2025-S28A (ACTIVE) - Summary

2025-S28A (ACTIVE) - Sponsor Memo

2025-S28A (ACTIVE) - Bill Text download pdf

Comments