BILL NUMBER: S8602
SPONSOR: RAMOS
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:
This bill would exempt baseball players at the minor league level
covered by a collective bargaining agreement from being covered by New
York's minimum wage law.
SUMMARY OF PROVISIONS:
Section one would amend section 651 of the labor law to exempt from the
definition of "employee" within the section minor league baseball play-
ers compensated by a collective bargain agreement that expressly
provides for the wages, hours of work, and working conditions of employ-
ees.
Section two would amend subdivisions 2 and 4 of section 190 of the labor
law to exempt individuals who have 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 that expressly provides for
the wages, hours of work, and working conditions of employees.
Section three would establish the effective date.
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 theMinor
League CBA.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act would take effect immediately.
Statutes affected: S8602: 651 labor law, 651(5) labor law