S T A T E O F N E W Y O R K
________________________________________________________________________
2920
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to the defi-
nition of employee, employer and employment with respect to liveries
and radio dispatchers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 3 of section 2 of the
workers' compensation law, as amended by chapter 392 of the laws of
2008, is amended to read as follows:
"Employer," except when otherwise expressly stated, means a person,
partnership, association, corporation, and the legal representatives of
a deceased employer, or the receiver or trustee of a person, partner-
ship, association or corporation, having one or more persons in employ-
ment, including the state, a municipal corporation, fire district or
other political subdivision of the state, and every authority or commis-
sion heretofore or hereafter continued or created by the public authori-
ties law. For the purposes of this chapter only "employer" shall also
mean a person, partnership, association, corporation, and the legal
representatives of a deceased employer, or the receiver or trustee of a
person, partnership, association or corporation who delivers or causes
to be delivered newspapers or periodicals for delivering or selling and
delivering by a newspaper carrier under the age of eighteen years as
defined in section thirty-two hundred twenty-eight of the education law.
For the purpose of this chapter only, "employer" shall also mean a
person, partnership, association, or corporation who leases or otherwise
contracts with an operator or lessee for the purpose of driving, operat-
ing or leasing a taxicab OR LIVERY as so defined in section one hundred
forty-eight-a OR ONE HUNDRED TWENTY-ONE-E, RESPECTIVELY, of the vehicle
and traffic law, except where such person is an owner-operator of such
taxicab OR LIVERY OR A DIRECT LESSEE OF A LIVERY VEHICLE (ONE WHO LEASES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05735-01-9
A. 2920 2
A VEHICLE FROM A LEASING OR RENTAL COMPANY) who personally regularly
operates such vehicle an average of forty or more hours per week and
leases such taxicab OR LIVERY for some portion of the remaining time,
and except if the taxicab is a livery subject to section eighteen-c of
this chapter, in which case the livery driver's employer shall only be
such employer as is defined in that section, AND EXCEPT WHERE SUCH
PERSON IS A RADIO DISPATCHING BASE WHICH CONTRACTS WITH AN OWNER-OPERA-
TOR OR A DIRECT LESSEE OF A LIVERY VEHICLE WHO PERSONALLY, REGULARLY
OPERATES SUCH A VEHICLE AN AVERAGE OF FORTY OR MORE HOURS PER WEEK AND
LEASES SUCH A LIVERY VEHICLE FOR A PORTION OF THE REMAINING TIME. For
the purposes of this section only, such an owner-operator OR RADIO
DISPATCHING BASE, OTHER THAN ONES EXEMPTED IN THIS SECTION shall be
deemed to be an employer if he controls, directs, supervises, or has the
power to hire or terminate such other person who leases the vehicle.
S 2. The third undesignated paragraph of subdivision 4 of section 2 of
the workers' compensation law, as amended by chapter 392 of the laws of
2008, is amended to read as follows:
For the purpose of this chapter only, "employee" shall also mean a
driver, operator or lessee who contracts with an owner, operator or
lessor for the purpose of operating a taxicab OR LIVERY as so defined in
section one hundred forty-eight-a OR ONE HUNDRED TWENTY-ONE-E, RESPEC-
TIVELY, of the vehicle and traffic law, OR A PERSON WHO CONTRACTS WITH A
RADIO DISPATCHING BASE FOR THE PURPOSE OF RECEIVING CUSTOMER-PASSENGER
CALLS, EXCEPT WHERE SUCH PERSON IS AN OWNER-OPERATOR OF A LIVERY VEHI-
CLE, OR A DIRECT LESSEE OF A LIVERY VEHICLE (ONE WHO LEASES A VEHICLE
FROM A LEASING OR RENTAL COMPANY) WHO PERSONALLY, REGULARLY OPERATES
SUCH A VEHICLE AN AVERAGE OF FORTY OR MORE HOURS PER WEEK AND LEASES
SUCH LIVERY FOR SOME PORTION OF THE REMAINING TIME, OR except where such
person leases the taxicab OR LIVERY from a person who personally, regu-
larly operates such vehicle an average of forty or more hours per week,
and except if the taxicab is a livery subject to section eighteen-c of
this chapter, in which case the livery driver's employer shall only be
such employer as is defined in that section. For the purposes of this
section only, such person shall be deemed to be an employee of the RADIO
DISPATCHING BASE OR owner-operator if the RADIO DISPATCHING BASE OR
owner-operator controls, directs, supervises, or has the power to hire
or terminate such person AND SUCH RADIO DISPATCHING BASE AND OWNER-OPER-
ATOR ARE NOT EXEMPTED UNDER SUBDIVISION THREE OF THIS SECTION.
S 3. The second undesignated paragraph of subdivision 5 of section 2
of the workers' compensation law, as added by chapter 903 of the laws of
1986, is amended to read as follows:
For the purpose of this chapter only, "employment" shall also include
the service of a driver, operator or lessee of a taxicab OR LIVERY as so
defined in section one hundred forty-eight-a OR ONE HUNDRED
TWENTY-ONE-E, RESPECTIVELY, of the vehicle and traffic law, except where
a person leases a taxicab OR LIVERY from an owner-operator of a taxicab
OR LIVERY who, regularly operates the vehicle an average of forty or
more hours per week, OR EXCEPT A PERSON WHO CONTRACTS WITH A RADIO
DISPATCHING BASE FOR THE PURPOSE OF RECEIVING CUSTOMER-PASSENGER CALLS
AND THAT PERSON PERSONALLY, REGULARLY OPERATES SUCH VEHICLE AN AVERAGE
OF FORTY OR MORE HOURS PER WEEK. Such a lessee shall be deemed to be in
employment if the lessor controls, directs, supervises, or has the power
to hire or terminate the lessee, UNLESS SUCH A LESSOR IS EXEMPTED UNDER
SUBDIVISION THREE OR SUBDIVISION FOUR OF THIS SECTION.
S 4. This act shall take effect immediately.