Common use of Exemptions and Exceptions Clause in Contracts

Exemptions and Exceptions. Notwithstanding the above, the ESSTA does not apply to any of the following: an independent contractor who does not meet the definition of employee under N.Y. Labor Law § 190(2); an employee covered by a valid collective bargaining agreement, if the provisions of the ESSTA are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the ESSTA for such employee; 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 their own schedule, has the ability to reject or accept any assignment referred to them, and is paid an average hourly wage that is at least four times the federal minimum wage; an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; 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 a participant in a Work Experience Program (WEP) under N.Y. Social Services Law § 336-c.

Exemptions and Exceptions. Notwithstanding the above, the ESSTA does not apply to any of the following: : 1. an independent contractor who does not meet the definition of employee under N.Y. Labor Law § 190(2); ; 2. an employee covered by a valid collective bargaining agreement, if the provisions of the ESSTA are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the ESSTA for such employee; ; 3. 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 their own schedule, has the ability to reject or accept any assignment referred to them, and is paid an average hourly wage that is at least four times the federal minimum wage; ; 4. an employee in a work study program under Section 2753 of Chapter 42 of the United States Code; ; 5. 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 or 6. a participant in a Work Experience Program (WEP) under N.Y. Social Services Law § 336-c.