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Assembly Bill A2951

2017-2018 Legislative Session

Relates to the definition of domestic worker

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Archive: Last Bill Status - Stricken

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2017-A2951 (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Amd §2, Lab L
Versions Introduced in 2015-2016 Legislative Session:
A10595

2017-A2951 (ACTIVE) - Summary

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

2017-A2951 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2951
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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  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.
   §  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.
                                                            LBD07664-01-7

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