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".
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.
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.