senate Bill S4129B

2011-2012 Legislative Session

Relates to payment of independent contractors

download bill text pdf

Sponsored By

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

view actions (10)
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

Co-Sponsors

view additional co-sponsors

S4129 - Details

See Assembly Version of this Bill:
A6698
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2556, A5472
2015-2016: S2155, A7548

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

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

view additional co-sponsors

S4129A - Details

See Assembly Version of this Bill:
A6698
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2556, A5472
2015-2016: S2155, A7548

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

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

view additional co-sponsors

S4129B - Details

See Assembly Version of this Bill:
A6698
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2556, A5472
2015-2016: S2155, A7548

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

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

view additional co-sponsors

S4129C - Details

See Assembly Version of this Bill:
A6698
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2556, A5472
2015-2016: S2155, A7548

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

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

view additional co-sponsors

S4129D (ACTIVE) - Details

See Assembly Version of this Bill:
A6698
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2556, A5472
2015-2016: S2155, A7548

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

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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