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A07559 Summary:

BILL NOA07559
 
SAME ASNo Same As
 
SPONSORJoyner
 
COSPNSR
 
MLTSPNSR
 
Amd 651 & 190, Lab L
 
Provides certain exemptions for individuals 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; includes exemptions under the labor law from minimum wage, overtime, and recordkeeping requirements and under article 6 of the labor law including but not limited to, recordkeeping requirements, wage statement requirements, and weekly pay requirements for "manual workers".
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A07559 Actions:

BILL NOA07559
 
05/25/2023referred to labor
01/03/2024referred to labor
01/10/2024enacting clause stricken
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A07559 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7559
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the labor law, in relation to providing certain exemptions for individuals having entered into a contract to play base- ball at the minor league level and who are compensated pursuant to the terms of a collective bargaining agreement   PURPOSE OR GENERAL IDEA OF BILL: Exempts baseball players at the minor league level covered by a collec- tive bargaining agreement from being covered by New York's minimum wage   SUMMARY OF PROVISIONS: Section 1: Defines applicable terms for an employee covered by this Act Section 2: Amends subdivisions 2 and 4 of section 190 of the labor law to exempt individuals who have 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 that expressly provides for the wages, hours of work, and working conditions of employees. Section 3: This act shall take effect immediately.   JUSTIFICATION: This legislation provides a narrowly tailored exemption from wage and hour laws (including minimum wage, overtime and recordkeeping require- ments) that otherwise could apply to players, in deference to the compensation and benefit provisions of the new collective bargaining agreement negotiated by the Major Baseball Players Association, on behalf of players, and Major League Baseball provided the exemption would only apply to players during the period in which they are compen- sated pursuant to the terms of the collective bargaining agreement. The new Minor League Collective Bargaining Agreement treats players as salaried employees in which they receive weekly salaries throughout the calendar year (with the exception of a brief period around the holidays when players are off and not permitted to perform work for their clubs). Other benefits players will receive under the Minor League CBA include but are not limited to health benefits, retirement benefits, housing benefits, and salary continuation in the event of disability resulting from a work-related injury. This legislation treats players who are receiving the compensation and benefits negotiated by the parties as set forth in our Minor League CBA covering the 2023-2027 seasons as "exempt" salaried professionals and, as such, need no recourse to sue for minimum wage, overtime and recordkeeping violations for the duration of the Minor League CBA.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A07559 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7559
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred 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:
 
     1    Section 1. The opening paragraph of subdivision 5 of  section  651  of
     2  the labor law, as amended by chapter 105 of the laws of 2019, is amended
     3  to read as follows:
     4    "Employee" includes any individual employed or permitted to work by an
     5  employer  in any occupation, but shall not include any individual who is
     6  employed or permitted to work: (a) on a casual basis  in  service  as  a
     7  part  time  baby  sitter in the home of the employer; (b) in a bona fide
     8  executive, administrative, or professional capacity; (c) as  an  outside
     9  salesman;  (d)  as  a  driver  engaged  in operating a taxicab; (e) as a
    10  volunteer, learner or apprentice by a corporation, unincorporated  asso-
    11  ciation,  community  chest,  fund  or  foundation organized and operated
    12  exclusively for religious, charitable or educational purposes,  no  part
    13  of the net earnings of which inures to the benefit of any private share-
    14  holder or individual; (f) as a member of a religious order, or as a duly
    15  ordained,  commissioned  or  licensed minister, priest or rabbi, or as a
    16  sexton, or as a christian science reader; (g) in or for such a religious
    17  or charitable institution, which work is incidental to or in return  for
    18  charitable  aid conferred upon such individual and not under any express
    19  contract of hire; (h) in or for such a religious, educational or  chari-
    20  table  institution if such individual is a student; (i) in or for such a
    21  religious, educational or charitable institution if the earning capacity
    22  of such individual is impaired by age or by physical or mental deficien-
    23  cy or injury; (j) in or for a summer camp or conference of such a  reli-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11575-01-3

        A. 7559                             2
 
     1  gious,  educational  or  charitable  institution for not more than three
     2  months annually; (k) as a staff counselor in a children's camp;  (l)  in
     3  or for a college or university fraternity, sorority, student association
     4  or  faculty  association, no part of the net earnings of which inures to
     5  the benefit of any private  shareholder  or  individual,  and  which  is
     6  recognized  by  such  college  or  university,  if  such individual is a
     7  student; (m) by a federal, state or municipal  government  or  political
     8  subdivision  thereof;  (n) as a volunteer at a recreational or amusement
     9  event run by a business that operates  such  events,  provided  that  no
    10  single  such  event lasts longer than eight consecutive days and no more
    11  than one such event concerning substantially  the  same  subject  matter
    12  occurs  in  any  calendar year, where (1) any such volunteer shall be at
    13  least eighteen years of age, (2) a business seeking coverage under  this
    14  paragraph  shall notify every volunteer in writing, in language accepta-
    15  ble to the commissioner, that by volunteering his or her services,  such
    16  volunteer is waiving his or her right to receive the minimum wage pursu-
    17  ant  to this article, and (3) such notice shall be signed and dated by a
    18  representative of the business and the volunteer and kept on file by the
    19  business for thirty-six months; [or] (o) in the delivery  of  newspapers
    20  or  shopping  news  to  the  consumer  by a person who is not performing
    21  commercial goods transportation services for a commercial  goods  trans-
    22  portation contractor within the meaning of article twenty-five-C of this
    23  chapter;  or  (p) having entered into a contract to play baseball at the
    24  minor league level and who is compensated pursuant to  the  terms  of  a
    25  collective  bargaining  agreement that expressly provides for the wages,
    26  hours of work, and working conditions of employees. The exclusions  from
    27  the term "employee" contained in this subdivision shall be as defined by
    28  regulations of the commissioner.
    29    § 2. Subdivisions 2 and 4 of section 190 of the labor law, as added by
    30  chapter 548 of the laws of 1966, are amended to read as follows:
    31    2. "Employee" means any person employed for hire by an employer in any
    32  employment,  but  with  respect  to the entirety of this article, except
    33  sections one hundred ninety-three, one hundred ninety-six-b, one hundred
    34  ninety-eight, and one hundred  ninety-eight-b,  shall  not  include  any
    35  person  who  has  entered  into a contract to play baseball at the minor
    36  league level and who is compensated pursuant to the terms of  a  collec-
    37  tive  bargaining  agreement that expressly provides for the wages, hours
    38  of work, and working conditions of employees.
    39    4. "Manual worker" means a mechanic, workingman or laborer, but  shall
    40  not  include any person who has entered into a contract to play baseball
    41  at the minor league level and who is compensated pursuant to  the  terms
    42  of  a  collective  bargaining  agreement that expressly provides for the
    43  wages, hours of work, and working conditions of employees.
    44    § 3. This act shall take effect immediately.
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