New York A 5332: Relates to the use of psychotropic medications in nursing homes and adult care facilities

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A05332 Summary:

BILL NOA05332 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBrook-Krasny

&nbsp

COSPNSRNovakhov, Brabenec, McDonough

&nbsp

MLTSPNSR

&nbsp

Amd §651, Lab L

&nbsp

Includes outside captive salespersons within the definition of an "employee".

Go to top A05332 Actions:

BILL NOA05332 

&nbsp

02/13/2025referred to labor

01/07/2026referred to labor

Go to topA05332 Committee&nbspVotes:

Go to topA05332 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05332 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5332

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 13, 2025
 ___________

 Introduced by M. of A. BROOK-KRASNY, NOVAKHOV -- read once and referred
 to the Committee on Labor

 AN ACT to amend the labor law, in relation to the definition of "employ-
 ee" for the purpose of the minimum wage act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 5 of section 651 of the labor law, as amended
 2 by chapter 481 of the laws of 2010, the opening paragraph as amended by
 3 chapter 391 of the laws of 2024, is amended to read as follows:
 4 5. "Employee" includes any individual employed or permitted to work by
 5 an employer in any occupation, but shall not include any individual who
 6 is 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] salesperson if such individual is not contractually bound to
 10 any person, firm, corporation or other entity as a captive salesperson,
 11 solicitor, agent, vendor, or other representative; (d) as a driver
 12 engaged in operating a taxicab; (e) as a volunteer, learner or appren-
 13 tice by a corporation, unincorporated association, community chest, fund
 14 or foundation organized and operated exclusively for religious, charita-
 15 ble or educational purposes, no part of the net earnings of which inures
 16 to the benefit of any private shareholder or individual; (f) as a member
 17 of a religious order, or as a duly ordained, commissioned or licensed
 18 minister, priest or rabbi, or as a sexton, or as a christian science
 19 reader; (g) in or for such a religious or charitable institution, which
 20 work is incidental to or in return for charitable aid conferred upon
 21 such individual and not under any express contract of hire; (h) in or
 22 for such a religious, educational or charitable institution if such
 23 individual is a student; (i) in or for such a religious, educational or
 24 charitable institution if the earning capacity of such individual is
 25 impaired by age or by physical or mental deficiency or injury; (j) in or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09183-01-5

 A. 5332 2

 1 for a summer camp or conference of such a religious, educational or
 2 charitable institution for not more than three months annually; (k) as a
 3 staff counselor in a children's camp; (l) in or for a college or univer-
 4 sity fraternity, sorority, student association or faculty association,
 5 no part of the net earnings of which inures to the benefit of any
 6 private shareholder or individual, and which is recognized by such
 7 college or university, if such individual is a student; (m) by a feder-
 8 al, state or municipal government or political subdivision thereof; (n)
 9 as a volunteer at a recreational or amusement event run by a business
 10 that operates such events, provided that no single such event lasts
 11 longer than eight consecutive days and no more than one such event
 12 concerning substantially the same subject matter occurs in any calendar
 13 year, where (1) any such volunteer shall be at least eighteen years of
 14 age, (2) a business seeking coverage under this paragraph shall notify
 15 every volunteer in writing, in language acceptable to the commissioner,
 16 that by volunteering [his or her] their services, such volunteer is
 17 waiving [his or her] their right to receive the minimum wage pursuant to
 18 this article, and (3) such notice shall be signed and dated by a r