Common use of Exemptions and Exceptions Clause in Contracts

Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following: 68.5.3.1. an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law; 68.5.3.2. an employee covered by a valid collective bargaining agreement in effect on April 1, 2014, until the termination of such agreement; 68.5.3.3. an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement; 68.5.3.4. an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee; 68.5.3.5. an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage; 68.5.3.6. an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; 68.5.3.7. an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or 68.5.3.8. a participant in a Work Experience Program (WEP) under section 336-c of the New York State Social Services Law.

Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following: 68.5.3.157.5.3.1. an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law; 68.5.3.257.5.3.2. an employee covered by a valid collective bargaining agreement in effect on April 1, 2014, until the termination of such agreement; 68.5.3.357.5.3.3. an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement; 68.5.3.457.5.3.4. an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee; 68.5.3.557.5.3.5. an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage; 68.5.3.657.5.3.6. an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; 68.5.3.757.5.3.7. an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or 68.5.3.857.5.3.8. a participant in a Work Experience Program (WEP) under section 336-c of the New York State Social Services Law.

Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following: 68.5.3.135.5.3.1. an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law; 68.5.3.235.5.3.2. an employee covered by a valid collective bargaining agreement in effect on April 1, 2014, until the termination of such agreement; 68.5.3.335.5.3.3. an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement; 68.5.3.435.5.3.4. an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee; 68.5.3.535.5.3.5. an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage; 68.5.3.635.5.3.6. an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; 68.5.3.735.5.3.7. an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or 68.5.3.835.5.3.8. a participant in a Work Experience Program (WEP) under section 336-c of the New York State Social Services Law.

Exemptions and Exceptions. Notwithstanding the above, the PSLL does not apply to any of the following: 68.5.3.1. an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law; 68.5.3.2. an employee covered by a valid collective bargaining agreement in effect on April 1, 2014, until the termination of such agreement; 68.5.3.3. an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement; 68.5.3.4. an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee; 68.5.3.5. an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage; 68.5.3.6. an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; 68.5.3.7. an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or 68.5.3.8. a participant in a Work Experience Program (WEP) under section 336-336- c of the New York State Social Services Law.