Assembly Bill A4910A

Vetoed By Governor
2015-2016 Legislative Session

Excludes services of a sole employee who is the owner of an employer from the definition of "employment" for purposes of unemployment insurance provisions

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Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2015-A4910 - Details

See Senate Version of this Bill:
S613
Law Section:
Labor Law
Laws Affected:
Amd §511, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A9575, S7346

2015-A4910 - Summary

Excludes the services of the sole employee of an employer that is a corporation, limited liability company or partnership, when such employee is the owner of such employer, from the definition of "employment" for purposes of unemployment insurance provisions.

2015-A4910 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4910

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to the definition of "employ-
  ment" for the purposes of unemployment insurance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  511  of the labor law is amended by adding a new
subdivision 23 to read as follows:
  23. OWNER-EMPLOYEE.  THE  TERM  "EMPLOYMENT"  SHALL  NOT  INCLUDE  THE
SERVICES  OF  THE  SOLE  EMPLOYEE OF AN EMPLOYER WHICH IS A CORPORATION,
LIMITED LIABILITY COMPANY OR PARTNERSHIP,  WHEN  SUCH  EMPLOYEE  IS  THE
OWNER  OF  SUCH  EMPLOYER,  AND  SUCH  EMPLOYER HAS CERTIFIED, UNDER THE
PENALTY OF PERJURY, ON ITS COMBINED RETURN REQUIRED BY PARAGRAPH FOUR OF
SUBSECTION (A) OF SECTION SIX HUNDRED SEVENTY-FOUR OF THE TAX  LAW  THAT
ITS SOLE EMPLOYEE IS ALSO ITS OWNER.
  S 2. Notwithstanding any provision of article 18 of the labor law, any
action,  proceeding, fine, penalty payment, and interest thereon pending
on the effective date of this act, arising from the inclusion within the
definition of the term of "employment" pursuant to section  511  of  the
labor  law,  to  a  sole  employee of an employer that is a corporation,
limited liability company or partnership  is  owned  by  such  employee,
shall be dismissed and invalidated.
  S  3.  The  commissioner  of taxation and finance shall promulgate all
rules and regulations and take all other actions necessary to  implement
the  provisions  of  this act on or before its effective date, including
developing any additional tax forms  or  other  materials  necessary  to
effectuate the provisions of this act.
  S 4. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02529-01-5

2015-A4910A (ACTIVE) - Details

See Senate Version of this Bill:
S613
Law Section:
Labor Law
Laws Affected:
Amd §511, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A9575, S7346

2015-A4910A (ACTIVE) - Summary

Excludes the services of the sole employee of an employer that is a corporation, limited liability company or partnership, when such employee is the owner of such employer, from the definition of "employment" for purposes of unemployment insurance provisions.

2015-A4910A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4910--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Labor -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the labor law, in relation to the definition of "employ-
  ment" for the purposes of unemployment insurance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 511 of the labor law is amended  by  adding  a  new
subdivision 23 to read as follows:
  23.  OWNER-EMPLOYEE.  (A)  THE TERM "EMPLOYMENT" SHALL NOT INCLUDE THE
SERVICES OF THE SOLE EMPLOYEE OF AN EMPLOYER  WHICH  IS  A  CORPORATION,
LIMITED LIABILITY COMPANY OR PARTNERSHIP, WHEN SUCH SOLE EMPLOYEE IS THE
SOLE  SHAREHOLDER OF SUCH CORPORATION, A MEMBER OF THE LIMITED LIABILITY
COMPANY, OR A PARTNER IN SUCH PARTNERSHIP; PROVIDED, HOWEVER, THAT  SUCH
SOLE SHAREHOLDER, MEMBER, OR PARTNER MAY OPT-IN TO UNEMPLOYMENT COVERAGE
BY  FILING AN APPLICATION WITH THE COMMISSIONER AND PAYING THE APPROPRI-
ATE UNEMPLOYMENT CONTRIBUTIONS.
  (B) THE COMMISSIONER SHALL PROMULGATE REGULATIONS DESCRIBING THE  FORM
AND  CONTENT  OF  THE OPT-IN APPLICATION WHICH SHALL INCLUDE INFORMATION
REGARDING THE EFFECT AND CONSEQUENCE OF THE OPT-IN.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02529-04-5

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