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Assembly Bill A7504

2015-2016 Legislative Session

Relates to establishing the employer in situations involving multiple entities

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2015-A7504 (ACTIVE) - Details

See Senate Version of this Bill:
S4850
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง512, Lab L

2015-A7504 (ACTIVE) - Summary

Relates to establishing the employer in situations involving multiple entities.

2015-A7504 (ACTIVE) - Bill Text download pdf 

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

                                  7504

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2015
                               ___________

Introduced  by M. of A. MAYER, TITUS -- (at request of the Department of
  Labor) -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to establishing the  employer
  in situations involving multiple entities

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

  Section 1. Section 512 of the labor law is amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  WHENEVER THE COMMISSIONER DETERMINES THAT SERVICES PERFORMED BY AN
INDIVIDUAL CONSTITUTE EMPLOYMENT  BUT  THE  SUPERVISION,  DIRECTION  AND
CONTROL  ARE EXERCISED BY ONE OR MORE ENTITIES AND ONE ENTITY PLACES THE
INDIVIDUAL WITH, OR  PROVIDES  THE  INDIVIDUAL  TO,  ANOTHER  ENTITY  TO
PERFORM  THE  SERVICES,  THE  ENTITY  THAT  PAID  THE INDIVIDUAL FOR THE
SERVICES SHALL BE THE EMPLOYER UNDER THIS ARTICLE UNLESS BY CONTRACT THE
INDIVIDUAL IS SPECIFIED TO BE THE EMPLOYEE OF ANOTHER ENTITY,  IN  WHICH
CASE  THE  OTHER ENTITY SHALL BE THE EMPLOYER. WHENEVER SUCH EMPLOYER IS
REPLACED BY ANOTHER ENTITY SUCH REPLACEMENT SHALL BE CONSIDERED A TRANS-
FER PURSUANT TO SECTION FIVE HUNDRED EIGHTY-ONE OF THIS CHAPTER.    THIS
SUBDIVISION  SHALL  NOT  APPLY TO A PAYROLL AGENCY THAT THE COMMISSIONER
DETERMINES PROVIDES PAYROLL SERVICES ON BEHALF OF ANOTHER EMPLOYER.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09604-01-5

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