Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 | referred to labor |
Nov 20, 2019 | print number 8721a |
Nov 20, 2019 | amend (t) and recommit to labor |
Oct 25, 2019 | referred to labor |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Bill Amendments
Co-Sponsors
Jeffrey Dinowitz
Walter T. Mosley
William Colton
Felix Ortiz
A8721 - Details
A8721 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8721 2019-2020 Regular Sessions I N A S S E M B L Y October 25, 2019 ___________ Introduced by M. of A. GLICK, DINOWITZ, MOSLEY, COLTON, ORTIZ, MAGNAREL- LI -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to the definition of employ- ment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 511 of the labor law, as amended by chapter 607 of the laws of 1971, subpara- graph 1-a of paragraph (b) as added by chapter 903 of the laws of 1986, subparagraph 1-b of paragraph (b) as added by chapter 418 of the laws of 2010, subparagraph 1-c of paragraph (b) as added by chapter 558 of the laws of 2013, and subparagraph 3 of paragraph (b) as added by chapter 668 of the laws of 1992, are amended to read as follows: (a) any service under any contract of employment for hire, express or implied, written, or oral; and (b) (1) ANY SERVICE BY A PERSON PROVIDING LABOR OR SERVICES FOR REMUN- ERATION UNLESS THE HIRING ENTITY DEMONSTRATES THAT ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED: (I) THE PERSON IS FREE FROM THE CONTROL AND DIRECTION OF THE HIRING ENTITY IN CONNECTION WITH THE PERFORMANCE OF THE WORK, BOTH UNDER THE CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT; AND (II) THE PERSON PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF THE HIRING ENTITY'S BUSINESS; AND (III) THE PERSON IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB- LISHED TRADE, OCCUPATION, OR BUSINESS OF THE SAME NATURE AS THAT INVOLVED IN THE WORK PERFORMED. (2) FOR THE PURPOSES OF THIS SECTION, ANY PERSON PROVIDING LABOR OR SERVICES FOR REMUNERATION PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE CONSIDERED AN EMPLOYEE RATHER THAN AN INDEPENDENT CONTRACTOR; AND (C) any service by a person for an employer: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Co-Sponsors
Jeffrey Dinowitz
Walter T. Mosley
William Colton
Felix Ortiz
A8721A (ACTIVE) - Details
A8721A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8721--A 2019-2020 Regular Sessions I N A S S E M B L Y October 25, 2019 ___________ Introduced by M. of A. GLICK, DINOWITZ, MOSLEY, COLTON, ORTIZ, MAGNAREL- LI -- 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 and the workers' compensation law, in relation to the employee status of an individual THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 511 of the labor law, as amended by chapter 607 of the laws of 1971, subpara- graph 1-a of paragraph (b) as added by chapter 903 of the laws of 1986, subparagraph 1-b of paragraph (b) as added by chapter 418 of the laws of 2010, subparagraph 1-c of paragraph (b) as added by chapter 558 of the laws of 2013, and subparagraph 3 of paragraph (b) as added by chapter 668 of the laws of 1992, are amended to read as follows: (a) any service under any contract of employment for hire, express or implied, written, or oral; and (b) (1) ANY SERVICE BY A PERSON PROVIDING LABOR OR SERVICES FOR REMUN- ERATION UNLESS THE HIRING ENTITY DEMONSTRATES THAT ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED: (I) THE PERSON IS FREE FROM THE CONTROL AND DIRECTION OF THE HIRING ENTITY IN CONNECTION WITH THE PERFORMANCE OF THE WORK, BOTH UNDER THE CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT; AND (II) THE PERSON PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF THE HIRING ENTITY'S BUSINESS; AND (III) THE PERSON IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB- LISHED TRADE, OCCUPATION, OR BUSINESS OF THE SAME NATURE AS THAT INVOLVED IN THE WORK PERFORMED. (2) FOR THE PURPOSES OF THIS SECTION, ANY PERSON PROVIDING LABOR OR SERVICES FOR REMUNERATION PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13746-03-9