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Assembly Bill A2274

2011-2012 Legislative Session

Amends the workers' compensation law definition of employee

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Archive: Last Bill Status - In Assembly Committee

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2011-A2274 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง2, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
A10290

2011-A2274 (ACTIVE) - Summary

Amends the workers' compensation law definition of employee to exclude persons during a period of orientation or training when such persons are intending to become independent contractors.

2011-A2274 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2274

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced by M. of A. REILLY -- read once and referred 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 a new closing paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE TERM "EMPLOY-
EE"  SHALL  NOT INCLUDE ANY   PERSON DURING ORIENTATION OR TRAINING WHEN
SUCH PERSON IS INTENDING TO BECOME AN INDEPENDENT  CONTRACTOR.  FOR  THE
PURPOSES OF THIS PARAGRAPH:
  (I)  "INDEPENDENT CONTRACTOR" MEANS A SOLE PROPRIETORSHIP, PARTNERSHIP
OR CORPORATION THAT PROVIDES GOODS OR SERVICES TO ANOTHER  ENTITY  UNDER
THE TERMS SPECIFIED IN A CONTRACT;
  (II)  "ORIENTATION"  MEANS  A  PERIOD  OF  INTRODUCTION, AS TO GUIDE A
PERSON IN ADJUSTING TO A NEW FIELD OF WORK; AND
  (III) "TRAINING" MEANS THE PERIOD OF A PERSON'S EDUCATION, INSTRUCTION
AND/OR DEVELOPMENT IN A NEW FIELD OF WORK.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05401-01-1

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