Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to labor |
Feb 24, 2021 |
referred to labor |
Assembly Bill A5772
2021-2022 Legislative Session
Sponsored By
GLICK
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Jeffrey Dinowitz
William Colton
William Magnarelli
Jo Anne Simon
2021-A5772 (ACTIVE) - Details
2021-A5772 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5772 2021-2022 Regular Sessions I N A S S E M B L Y February 24, 2021 ___________ Introduced by M. of A. GLICK, DINOWITZ, COLTON, MAGNARELLI, SIMON -- read once and referred to the Committee on Labor AN ACT to amend the labor law and the workers' compensation law, in relation to the employee status of an individual THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 511 of the labor law, as amended by chapter 607 of the laws of 1971, subpara- graph 1-a of paragraph (b) as added by chapter 903 of the laws of 1986, subparagraph 1-b of paragraph (b) as added by chapter 418 of the laws of 2010, subparagraph 1-c of paragraph (b) as added by chapter 558 of the laws of 2013, and subparagraph 3 of paragraph (b) as added by chapter 668 of the laws of 1992, are amended to read as follows: (a) any service under any contract of employment for hire, express or implied, written, or oral; and (b) (1) ANY SERVICE BY A PERSON PROVIDING LABOR OR SERVICES FOR REMUN- ERATION UNLESS THE HIRING ENTITY DEMONSTRATES THAT ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED: (I) THE PERSON IS FREE FROM THE CONTROL AND DIRECTION OF THE HIRING ENTITY IN CONNECTION WITH THE PERFORMANCE OF THE WORK, BOTH UNDER THE CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT; AND (II) THE PERSON PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF THE HIRING ENTITY'S BUSINESS; AND (III) THE PERSON IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB- LISHED TRADE, OCCUPATION, OR BUSINESS OF THE SAME NATURE AS THAT INVOLVED IN THE WORK PERFORMED. (2) FOR THE PURPOSES OF THIS SECTION, ANY PERSON PROVIDING LABOR OR SERVICES FOR REMUNERATION PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE CONSIDERED AN EMPLOYEE RATHER THAN AN INDEPENDENT CONTRACTOR; AND (C) any service by a person for an employer: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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