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Assembly Bill A10595A

2015-2016 Legislative Session

Relates to the definition of domestic worker

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A10595 - Details

See Senate Version of this Bill:
S7929
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §2, Lab L
Versions Introduced in 2017-2018 Legislative Session:
A2951

2015-A10595 - Summary

Provides that a person employed by certain home care services is not included in the definition of domestic worker.

2015-A10595 - Bill Text download pdf 

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

                                  10595

                          I N  A S S E M B L Y

                              June 7, 2016
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
  read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to the definition of domestic
  worker

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 16 of section 2 of the labor law, as  added  by
chapter  564 of the laws of 2010 is renumbered subdivision 17 and subdi-
vision 16, as added by chapter 481 of the laws of 2010,  is  amended  to
read as follows:
  16.  "Domestic worker" shall mean a person employed in a home or resi-
dence for the purpose of caring for a child, serving as a companion  for
a  sick,  convalescing or elderly person, housekeeping, or for any other
domestic service purpose. "Domestic worker" does not include  any  indi-
vidual  (a)  working on a casual basis, (b) [who is engaged in providing
companionship services, as defined in paragraph fifteen  of  subdivision
(a)  of  section 213 of the fair labor standards act of 1938, and who is
employed by an employer or agency other than  the  family  or  household
using  his  or  her services] EMPLOYED BY AN AGENCY LICENSED PURSUANT TO
ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW, or (c) who  is  a  relative
through  blood,  marriage  or  adoption of: (1) the employer; or (2) the
person for whom the worker is delivering services under a program funded
or administered by federal, state or local government.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15633-01-6

2015-A10595A (ACTIVE) - Details

See Senate Version of this Bill:
S7929
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §2, Lab L
Versions Introduced in 2017-2018 Legislative Session:
A2951

2015-A10595A (ACTIVE) - Summary

Provides that a person employed by certain home care services is not included in the definition of domestic worker.

2015-A10595A (ACTIVE) - Bill Text download pdf 

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

                                10595--A

                          I N  A S S E M B L Y

                              June 7, 2016
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
  read  once  and  referred  to  the  Committee  on  Labor  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the labor law, in relation to the definition of domestic
  worker

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 16 of section 2 of the labor law, as added by
chapter 564 of the laws of 2010 is renumbered subdivision 17 and  subdi-
vision  16,  as  added by chapter 481 of the laws of 2010, is amended to
read as follows:
  16. "Domestic worker" shall mean a person employed in a home or  resi-
dence  for the purpose of caring for a child, serving as a companion for
a sick, convalescing or elderly person, housekeeping, or for  any  other
domestic  service  purpose. "Domestic worker" does not include any indi-
vidual (a) working on a casual basis, (b) [who is engaged  in  providing
companionship  services,  as defined in paragraph fifteen of subdivision
(a) of section 213 of the fair labor standards act of 1938, and  who  is
employed  by  an  employer  or agency other than the family or household
using his or her services] EMPLOYED BY AN AGENCY  LICENSED  PURSUANT  TO
ARTICLE  THIRTY-SIX  OF  THE  PUBLIC HEALTH LAW OR SECTION THREE HUNDRED
SIXTY-FIVE-F OF THE SOCIAL SERVICES  LAW,  or  (c)  who  is  a  relative
through  blood,  marriage  or  adoption of: (1) the employer; or (2) the
person for whom the worker is delivering services under a program funded
or administered by federal, state or local government.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15633-02-6

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