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

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Archive: Last Bill Status - Signed by Governor


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

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2019-A8035 (ACTIVE) - Details

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

2019-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.

2019-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



              

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