|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to labor|
|Jan 05, 2011||referred to labor|
senate Bill S21
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S21 - Details
- Current Committee:
- Law Section:
- Labor Law
- Laws Affected:
- Add §§196-b & 196-c, Lab L
- Versions Introduced in 2009-2010 Legislative Session:
S21 - Summary
Relates to payment of independent contractors and authorizes the department of labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties, and authorizes the award of attorney fees and liquidated damages.
S21 - Sponsor Memo
BILL NUMBER:S21 TITLE OF BILL: An act to amend the labor law, in relation to independent contractors PURPOSE: To grant the Department of Labor greater oversight over employment contracts involving independent contractors, to afford them the same compensation guarantees as traditional employees. SUMMARY OF PROVISIONS: The labor law is amended by adding two new sections, 196 b & c. 196-b: Adds definitions for "Compensation," "Independent Contractor" and "Client," etc. 196-c: -Requires independent contractors to be compensated for their work within a reasonable amount of time, in accordance with a written agreement. -Requires work terms to be defined in a written contract and held by the client for no less than 6 years. -Empowers the Commissioner of the Department of Labor to take action to pursue violations of written agreements and recoup unpaid compensation owed to independent contractors. -Explains rights of independent contractors to file complaints about contract violations.
S21 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 21 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. SQUADRON, ADAMS, DIAZ, DUANE, KLEIN, KRUEGER, MONT- GOMERY, PARKER, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to independent contractors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding two new sections 196-b and 196-c to read as follows: S 196-B. DEFINITIONS. FOR PURPOSES OF THIS SECTION THE TERM: 1. "COMPENSATION" MEANS THE EARNINGS OF AN INDEPENDENT CONTRACTOR. THE TERM "COMPENSATION" ALSO INCLUDES REIMBURSEMENT FOR EXPENSES. 2. "INDEPENDENT CONTRACTOR" MEANS A SOLE PROPRIETOR WHO IS NOT AN EMPLOYEE AND WHO IS HIRED OR RETAINED BY A CLIENT FOR AN AMOUNT EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. 3. "CLIENT" INCLUDES A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDE- PENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR AN AMOUNT EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL AGENCY. S 196-C. PAYMENT OF INDEPENDENT CONTRACTORS. 1. AN INDEPENDENT CONTRACTOR SHALL BE PAID THE COMPENSATION EARNED IN ACCORDANCE WITH THE AGREED WORK TERMS BUT NOT LATER THAN THE LAST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE COMPENSATION IS EARNED. THE AGREED WORK TERMS SHALL BE REDUCED IN WRITING, SIGNED BY BOTH THE CLIENT AND THE INDEPEND- ENT CONTRACTOR, KEPT ON FILE BY THE CLIENT FOR A PERIOD OF NOT LESS THAN SIX YEARS AND MADE AVAILABLE TO THE COMMISSIONER UPON REQUEST. SUCH WRITING SHALL INCLUDE A DESCRIPTION OF HOW COMPENSATION EARNED AND PAYA- BLE SHALL BE CALCULATED. THE FAILURE OF A CLIENT TO PRODUCE SUCH WRITTEN WORK TERMS, UPON REQUEST OF THE COMMISSIONER, SHALL GIVE RISE TO A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00047-01-1
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