Senate Bill S6538

2019-2020 Legislative Session

Relates to dependent workers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

  • 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-S6538 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§2, 190 & 701, Lab L

2019-S6538 (ACTIVE) - Summary

Relates to dependent workers; defines the term "dependent worker"; requires the commissioner of labor to hold public meetings to examine state laws relating to dependent workers.

2019-S6538 (ACTIVE) - Sponsor Memo

2019-S6538 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2019-2020 Regular Sessions
                             I N  S E N A T E
                               June 15, 2019
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to amend the labor law, in relation to dependent workers

   Section  1.  Short  title. This act shall be known and may be cited as
 the "dependent worker act".
   § 2. Legislative findings and intent. 1. It is hereby declared  to  be
 the public policy of the state to ensure that laborers and other workers
 who  depend  for  their livelihood on working for others, offering their
 time, labor and personal services in exchange for hourly wages or  other
 compensation,  are  timely  and  fully paid and informed regarding their
 earnings, without the uncertainty, delay and denial that may result when
 their employment status is disputed by claims that they are  independent
 contractors rather than employees.
   2.  It  is  further  declared  to be the public policy of the state to
 ensure that such dependent workers shall have the right to organize  and
 bargain collectively through representatives of their own choosing based
 on the state's constitutional recognition that the labor of human beings
 is  not  a  commodity  or  an  article of commerce and shall never be so
 considered or construed.
   3. The legislature finds that the ability of such dependent workers to
 find opportunities for work has been transformed by technology to expand
 day work to digital work, allowing workers to establish their availabil-
 ity by the minute and hour, rather than simply by the day. In  light  of
 this  shift, the legislature finds that further examination is warranted
 to determine  the  extent  to  which  various  employment  benefits  and
 substantive  protections  that  were historic bargains struck with input
 from labor and management, through bargaining, legislation, and adminis-
 trative rate setting and rulemaking, should be extended to such  digital
 work,  regardless of employment status. The collective bargaining oppor-
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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