Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2012 | print number 4129d |
Jun 17, 2012 | amend and recommit to labor |
Jan 04, 2012 | referred to labor |
Jun 15, 2011 | print number 4129c |
Jun 15, 2011 | amend and recommit to labor |
Jun 01, 2011 | print number 4129b |
Jun 01, 2011 | amend and recommit to labor |
May 25, 2011 | print number 4129a |
May 25, 2011 | amend and recommit to labor |
Mar 21, 2011 | referred to labor |
senate Bill S4129D
Sponsored By
Martin J. Golden
(R, C, IP) 0 Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Bill Amendments
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Tony Avella
(D) 0 Senate District
Neil D. Breslin
(D, IP, WF) 44th Senate District
Thomas K. Duane
(D, WF) 0 Senate District
S4129 - Details
S4129 - 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; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
S4129 - Sponsor Memo
BILL NUMBER:S4129 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
S4129 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4129 2011-2012 Regular Sessions I N S E N A T E March 21, 2011 ___________ Introduced by Sen. GOLDEN -- 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 CORPORATION, LIMITED LIABILITY COMPANY, PART- NERSHIP, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR COMPENSATION EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; AND CLIENT SHALL NOT INCLUDE A PERSON. THE TERM "CLIENT" SHALL NOT INCLUDE OWNERS OF ONE AND TWO-FAMILY DWELLINGS. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10169-02-1
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Tony Avella
(D) 0 Senate District
Neil D. Breslin
(D, IP, WF) 44th Senate District
Thomas K. Duane
(D, WF) 0 Senate District
S4129A - Details
S4129A - 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; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
S4129A - Sponsor Memo
BILL NUMBER:S4129A 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
S4129A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4129--A 2011-2012 Regular Sessions I N S E N A T E March 21, 2011 ___________ Introduced by Sens. GOLDEN, ADDABBO, AVELLA, BRESLIN, DUANE, GIANARIS, KRUEGER, KRUGER, LANZA, MONTGOMERY, OPPENHEIMER, PERALTA, RIVERA, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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 CORPORATION, LIMITED LIABILITY COMPANY, PART- NERSHIP, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR COMPENSATION EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; AND CLIENT SHALL NOT INCLUDE A PERSON. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10169-04-1
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Tony Avella
(D) 0 Senate District
Neil D. Breslin
(D, IP, WF) 44th Senate District
Thomas K. Duane
(D, WF) 0 Senate District
S4129B - Details
S4129B - 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; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
S4129B - Sponsor Memo
BILL NUMBER:S4129B 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
S4129B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4129--B 2011-2012 Regular Sessions I N S E N A T E March 21, 2011 ___________ Introduced by Sens. GOLDEN, ADDABBO, AVELLA, BRESLIN, DUANE, GIANARIS, KRUEGER, KRUGER, LANZA, MONTGOMERY, OPPENHEIMER, PERALTA, RIVERA, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 AND SECTION ONE HUNDRED NINETY-SIX-C OF THIS ARTICLE, 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 CORPORATION, LIMITED LIABILITY COMPANY, PART- NERSHIP, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR COMPENSATION EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; AND CLIENT SHALL NOT INCLUDE A PERSON. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10169-07-1
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Tony Avella
(D) 0 Senate District
Greg Ball
(R, C, IP) 0 Senate District
Neil D. Breslin
(D, IP, WF) 44th Senate District
S4129C - Details
S4129C - 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; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
S4129C - Sponsor Memo
BILL NUMBER:S4129C 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
S4129C - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4129--C 2011-2012 Regular Sessions I N S E N A T E March 21, 2011 ___________ Introduced by Sens. GOLDEN, ADDABBO, AVELLA, BRESLIN, DUANE, ESPAILLAT, GIANARIS, KRUEGER, KRUGER, LANZA, MONTGOMERY, OPPENHEIMER, PARKER, PERALTA, RIVERA, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 AND SECTION ONE HUNDRED NINETY-SIX-C OF THIS ARTICLE, 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; BUT SHALL NOT INCLUDE A CONSTRUCTION CONTRACTOR. 3. "CLIENT" INCLUDES A CORPORATION, LIMITED LIABILITY COMPANY, PART- NERSHIP, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR COMPENSATION EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; AND CLIENT SHALL NOT INCLUDE A PERSON. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10169-08-1
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Tony Avella
(D) 0 Senate District
Greg Ball
(R, C, IP) 0 Senate District
Neil D. Breslin
(D, IP, WF) 44th Senate District
S4129D (ACTIVE) - Details
S4129D (ACTIVE) - 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; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
S4129D (ACTIVE) - Sponsor Memo
BILL NUMBER:S4129D 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
S4129D (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4129--D 2011-2012 Regular Sessions I N S E N A T E March 21, 2011 ___________ Introduced by Sens. GOLDEN, ADDABBO, AVELLA, BALL, BRESLIN, DILAN, DUANE, ESPAILLAT, GIANARIS, GRISANTI, KRUEGER, LANZA, McDONALD, MONT- GOMERY, OPPENHEIMER, PARKER, PERALTA, PERKINS, RIVERA, ROBACH, SAVINO, SQUADRON, STAVISKY, STEWART-COUSINS, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 AND SECTION ONE HUNDRED NINETY-SIX-C OF THIS ARTICLE, 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; BUT SHALL NOT INCLUDE A CONSTRUCTION CONTRACTOR. 3. "CLIENT" INCLUDES A CORPORATION, LIMITED LIABILITY COMPANY, PART- NERSHIP, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR COMPENSATION EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10169-11-2
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