assembly Bill A8035

Signed By Governor
2019-2020 Legislative Session

Relates to the definition of employer for purposes of the unemployment insurance law

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 20, 2019 signed chap.701
Dec 17, 2019 delivered to governor
Jun 19, 2019 returned to assembly
passed senate
3rd reading cal.1724
substituted for s6469
Jun 17, 2019 referred to rules
delivered to senate
passed assembly
Jun 12, 2019 ordered to third reading rules cal.219
rules report cal.219
reported
Jun 04, 2019 reported referred to rules
May 31, 2019 referred to labor

Votes

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Jun 19, 2019 - floor Vote

A8035
58
4
floor
58
Aye
4
Nay
0
Absent
0
Excused
0
Abstained
show floor vote details

Floor Vote: Jun 19, 2019

aye (58)
nay (4)

Co-Sponsors

A8035 (ACTIVE) - Details

See Senate Version of this Bill:
S6469
Law Section:
Labor Law
Laws Affected:
Amd §512, Lab L

A8035 (ACTIVE) - Summary

Provides that, for purposes of the unemployment insurance law, the entity which pays an individual shall be the employer even if the work or services are performed for a different entity.

A8035 (ACTIVE) - Bill Text download pdf 


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

                                  8035

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced  by M. of A. FALL, CRESPO -- (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 the definition of employer
  for purposes of the unemployment insurance law

  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  PAYS  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 ARTICLE.    THIS
SUBDIVISION  SHALL  NOT  APPLY TO A PAYROLL AGENCY THAT THE COMMISSIONER
DETERMINES PROVIDES PAYROLL SERVICES ON BEHALF OF ANOTHER EMPLOYER.
  § 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.
                                                           LBD09255-01-9