|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to labor|
|Mar 31, 2011||referred to labor|
senate Bill S4355
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4355 - Details
S4355 - Summary
Excludes from the definition of employee such services rendered by a harness race driver, only 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.
S4355 - Sponsor Memo
BILL NUMBER:S4355 TITLE OF BILL: An act to amend the workers' compensation law, in relation to the definition of employee INTRODUCTION: The accompanying legislative proposal is submitted on behalf of the Standardbred Owners Association, Inc. and recommends the addition of five express statutory exemptions under Workers' Compensation Law §2(4) for certain workers in the harness racing industry. In each case, the proposed exemption is firmly consistent with time-honored legal principles used to determine a worker's employment status. The legislative proposal focuses on (1) the employment status of harness race drivers; (2) the legal relationship between grooms and/or caretakers and designated and/or "temporary" substituted trainers (hereafter "Designated Trainers"); and (3) the independent contractor status of shippers, farriers and veterinarians that provide services to harness race horses. It is a response to concerns throughout the industry about the escalating costs of Workers' Compensation insurance, the lack of uniformity in the audit practice, and recent decisions by the Workers' Compensation Law Judges that are contrary both to custom and practice in the industry and the law. The
S4355 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4355 2011-2012 Regular Sessions I N S E N A T E March 31, 2011 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed 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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