assembly Bill A5472

2013-2014 Legislative Session

Relates to payment of independent contractors

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Sponsored By

Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to labor
delivered to senate
passed assembly
May 15, 2014 advanced to third reading cal.684
May 13, 2014 reported
Apr 29, 2014 reported referred to ways and means
Apr 08, 2014 reported referred to codes
Jan 22, 2014 committed to labor
Jan 08, 2014 ordered to third reading cal.256
returned to assembly
died in senate
Jun 21, 2013 referred to rules
delivered to senate
passed assembly
Jun 17, 2013 ordered to third reading rules cal.317
rules report cal.317
reported
Jun 13, 2013 reported referred to rules
Apr 23, 2013 reported referred to ways and means
Mar 20, 2013 reported referred to codes
Feb 27, 2013 referred to labor

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A5472 (ACTIVE) - Details

See Senate Version of this Bill:
S2556
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §§196-b & 196-c, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6698, S4129
2015-2016: A7548, S2155

A5472 (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.

A5472 (ACTIVE) - Bill Text download pdf

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

                                  5472

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2013
                               ___________

Introduced  by M. of A. SILVER, HEASTIE, MORELLE, FARRELL, WRIGHT, BREN-
  NAN, MILLMAN, LENTOL, GLICK, GOTTFRIED, ABBATE,  KAVANAGH,  O'DONNELL,
  PRETLOW,  ROSENTHAL, CASTRO, SCHIMEL, JAFFEE, HEVESI, TITONE -- Multi-
  Sponsored by -- M.  of  A.  COLTON,  CYMBROWITZ,  ENGLEBRIGHT,  GALEF,
  GIBSON,  JACOBS,  LAVINE,  MARKEY,  PERRY, RIVERA, ROBERTS, SEPULVEDA,
  SKARTADOS, SWEENEY -- read once and referred 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  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.
  4.  "CONSTRUCTION CONTRACTOR" MEANS ANY PERSON, SOLE PROPRIETOR, PART-
NERSHIP, FIRM, CORPORATION, LIMITED LIABILITY  COMPANY,  ASSOCIATION  OR
OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07417-01-3