senate Bill S21

2011-2012 Legislative Session

Relates to payment of independent contractors

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Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Jan 05, 2011 referred to labor

Co-Sponsors

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S21 - Details

Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in 2009-2010 Legislative Session:
S8084

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

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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