senate Bill S2556

2013-2014 Legislative Session

Relates to payment of independent contractors

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jun 21, 2013 committed to rules
Apr 24, 2013 advanced to third reading
Apr 23, 2013 2nd report cal.
Apr 22, 2013 1st report cal.357
Jan 22, 2013 referred to labor

Votes

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Apr 22, 2013 - Labor committee Vote

S2556
9
1
committee
9
Aye
1
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Apr 22, 2013

nay (1)
excused (1)

Co-Sponsors

S2556 - Details

See Assembly Version of this Bill:
A5472
Current Committee:
Law Section:
Labor Law
Laws Affected:
Add ยงยง196-b & 196-c, Lab L
Versions Introduced in 2011-2012 Legislative Session:
S4129D, A6698C

S2556 - 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.

S2556 - Sponsor Memo

S2556 - Bill Text download pdf

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

                                  2556

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

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  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,
OR  HOLDS  ONESELF  OUT  AS BEING ABLE TO UNDERTAKE, OR DOES UNDERTAKE A
CONSTRUCTION PROJECT.
  5.  "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
SERVICES,  AND  THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER TO ALTER,
BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-

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

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