|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 23, 2013||referred to labor|
senate Bill S2715
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2715 - Details
S2715 - 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.
S2715 - Sponsor Memo
BILL NUMBER:S2715 TITLE OF BILL: An act to amend the workers' compensation law, in relation to exclusions to the definition of employee for workers' compensation purposes PURPOSE: Excludes from the definition of employee certain harness race drivers. SUMMARY OF PROVISIONS: Section 1 subdivision 4 of section 2 of the workers' compensation law is amended by adding five new undesignated paragraphs focusing on the employment status of harness race drivers; the legal relationship between grooms and/or caretakers and designated and/or substituted trainers; and the independent contractor status of shippers, farriors and veterinarians that provide services to harness race horses. JUSTIFICATION: The legal determination of whether an employer/employee relationship exists focuses on the issue of control. In general, under New York law an employee is a person who contracts to work for an employer and is under the employer's control with respect to "the results produced...or the means use to achieve the results". The princi- pal consideration is the employers control over the individual's work. In the case of the employee, that control is present. In the case of the independent contractor, it is absent. This bill is being introduced in
S2715 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2715 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ Introduced by Sen. ADAMS -- 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 exclusions to the definition of employee for workers' compensation purposes 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, THE TERM "EMPLOY- EE" 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 DECLINE ANY REQUEST TO DRIVE HORSES; (C) THE HARNESS RACE DRIVER IS FREE TO DRIVE HORSES FOR THE OWNER AND/OR TRAINERS OF HIS OR HER CHOOSING AND/OR ENGAGE IN OTHER EMPLOY- MENT; (D) THE HARNESS RACE DRIVER MAY UNILATERALLY DETERMINE WHEN AND WHERE HE OR SHE WILL WORK; (E) THE HARNESS RACE DRIVER IS RESPONSIBLE FOR HIS OR HER OWN EXPENSES; (F) THE HARNESS RACE DRIVER IS RESPONSIBLE FOR FURNISHING HIS OR HER OWN VEST, HELMET AND WHIP; (G) THE HARNESS RACE DRIVER IS FREE TO TERMINATE HIS OR HER SERVICES AT ANY TIME; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06037-01-3 S. 2715 2
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