S 28: Relates to the minimum wage for employees with disabilities - New York

S28B → S28C · 3 edits

MINOR

This bill amends New York's labor law to add a new definition for 'special certificate' and reorganizes the list of exclusions from the minimum wage requirement. The primary change is the addition of a specific definition for 'special certificate' to align with federal standards, ensuring clarity on when employers can legally pay sub-minimum wages to individuals with impaired earning capacity. The bill also reorders the list of excluded worker categories to improve readability and consistency.

Scope change

The bill expands the statutory framework by explicitly defining 'special certificate' under federal law, which clarifies the legal basis for sub-minimum wage employment for individuals with disabilities or age-related impairments.

DEFINITION

Added a new definition for 'special certificate' that references the U.S. Department of Labor's authority to issue permits allowing employers to pay wages below the state minimum to employees with impaired earning capacity.

REQUIREMENT

Reorganized the list of worker categories excluded from minimum wage requirements to ensure consistent numbering and logical flow, moving specific religious and volunteer exclusions to different positions in the text.

TECHNICAL

Updated the bill text to include a new subdivision 10 for the definition of 'special certificate' and adjusted the legislative history section to reflect the bill's progression through the Committee on Finance.

S28A → S28B · 3 edits

MINOR

This bill version moves the legislation from the Labor Committee to the Committee on Disabilities, signaling a shift in focus toward workers with disabilities. It also updates the effective date of the law to July 31, 2026, and includes minor formatting adjustments to the text.

Scope change

The bill's scope remains focused on amending the minimum wage for employees with disabilities, but the procedural path has changed to involve the Committee on Disabilities.

TIMELINE

The effective date of the act was changed from the next December 31st to a specific date of July 31, 2026.

ENFORCEMENT

The bill's procedural status was updated to reflect that it was reported favorably from the Committee on Labor and is now committed to the Committee on Disabilities.

TECHNICAL

Minor formatting and numbering changes were made to the list of employment exclusions and the section numbering within the bill text.

S28 → S28A · 4 edits

MODERATE

This bill amends New York's Labor Law to update the definition of 'employee' regarding minimum wage exclusions and modifies regulations for special certificates. The most significant change is renaming 'salesman' to 'salesperson' to align with modern terminology. Additionally, the bill renumbers and restructures the list of exclusions, removing a specific clause about earning capacity impairment and adding new provisions for residential employees in non-profit organizations.

Scope change

The scope of the bill remains focused on minimum wage definitions and special certificate regulations, but the internal structure of the exclusions list has been reorganized and specific categories have been added or removed.

DEFINITION

The term 'salesman' was changed to 'salesperson' to update the legal definition of excluded occupations.

ELIGIBILITY

A specific exclusion for individuals whose earning capacity is impaired by age, physical, or mental deficiency was removed from the list of non-employees.

New language was added to include residential employees in non-profit religious, charitable, or educational organizations under special certificate regulations.

REQUIREMENT

The bill renumbered and reorganized the list of employee exclusions, shifting the numbering of subsequent categories (e.g., summer camp counselors and student associations) to fill the gap left by the removed clause.

Relates to the minimum wage for employees with disabilities

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