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Assembly Bill A3645

2011-2012 Legislative Session

Excludes from definition of "employee" such services rendered by various independent contractors who service the harness racing industry

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Archive: Last Bill Status - In Assembly Committee

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2011-A3645 (ACTIVE) - Details

See Senate Version of this Bill:
S4355
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง2, Work Comp L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10309
2013-2014: A3978
2015-2016: A2634

2011-A3645 (ACTIVE) - Summary

Excludes from the definition of employee such services rendered by a harness race driver, a groom or caretaker of a temporary designated trainer of a harness race horse, a shipper or transporter of a harness race horse, a farrier of a harness race horse, or a veterinarian to a harness race horse.

2011-A3645 (ACTIVE) - Bill Text download pdf 

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

                                  3645

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

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

AN ACT to amend the workers' compensation law, in relation to the  defi-
  nition of employee

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

  Section 1. Subdivision 4 of section 2 of the workers' compensation law
is amended by  adding  five  new  undesignated  paragraphs  to  read  as
follows:
  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS CHAPTER, "EMPLOYEE" SHALL
NOT INCLUDE THE SERVICES OF A HARNESS RACE DRIVER IF IT BE  PROVEN  THAT
(A)  SUBSTANTIALLY ALL OF THE COMPENSATION (WHETHER OR NOT PAID IN CASH)
FOR THE SERVICES PERFORMED BY SUCH HARNESS RACE DRIVER IS RELATED TO HIS
OR HER PERFORMANCE IN THE HARNESS RACE RATHER THAN THE NUMBER  OF  HOURS
WORKED;  (B) THE HARNESS RACE DRIVER IS FREE TO ACCEPT OR TO DECLINE ANY
REQUEST TO DRIVE HORSES; (C) THE HARNESS RACE DRIVER IS  FREE  TO  DRIVE
HORSES  FOR  OWNERS  AND/OR  TRAINERS  OF  HIS OR HER CHOOSING AND/OR TO
ENGAGE IN OTHER EMPLOYMENT; (D) THE HARNESS RACE DRIVER MAY UNILATERALLY
DETERMINE WHEN AND WHERE HE OR SHE WILL WORK; (E) THE HARNESS RACE DRIV-
ER IS RESPONSIBLE FOR HIS OR HER OWN  EXPENSES;  (F)  THE  HARNESS  RACE
DRIVER  IS  RESPONSIBLE FOR FURNISHING HIS OR HER OWN VEST, HELMET, WHIP
AND SULKY; (G) THE HARNESS RACE DRIVER IS FREE TO TERMINATE HIS  OR  HER
SERVICES  AT  ANY  TIME;  AND  (H) THE PERSON OR ENTITY THAT RETAINS THE
HARNESS RACE DRIVER TO PROVIDE SERVICES IS NOT TREATED BY SUCH PERSON OR
ENTITY AS AN EMPLOYEE WITH RESPECT TO SUCH SERVICES FOR FEDERAL OR STATE
TAX PURPOSES.
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,  A  GROOM  AND/OR
CARETAKER OF A HARNESS RACE HORSE SHALL NOT BE DEEMED AN "EMPLOYEE" OF A
DESIGNATED  TRAINER  AND/OR SUBSTITUTE TRAINER OF THE HARNESS RACE HORSE
IF IT BE PROVEN THAT (A) THE COMPENSATION (WHETHER OR NOT PAID IN  CASH)
FOR  THE  SERVICES  PERFORMED BY SUCH GROOM AND/OR CARETAKER RELATING TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05804-01-1

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