senate Bill S6699A

2019-2020 Legislative Session

Relates to the employee status of an individual

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 04, 2019 print number 6699a
Nov 04, 2019 amend (t) and recommit to rules
Sep 11, 2019 referred to rules

S6699 - Details

See Assembly Version of this Bill:
A8721
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §§511, 160 & 651, Lab L; amd §201, Work Comp L

S6699 - Summary

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

S6699 - Sponsor Memo

S6699 - Bill Text download pdf


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

                                  6699

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                           September 11, 2019
                               ___________

Introduced  by  Sen. JACKSON -- 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 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.

S6699A (ACTIVE) - Details

See Assembly Version of this Bill:
A8721
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §§511, 160 & 651, Lab L; amd §201, Work Comp L

S6699A (ACTIVE) - Summary

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

S6699A (ACTIVE) - Sponsor Memo

S6699A (ACTIVE) - Bill Text download pdf


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

                                 6699--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                           September 11, 2019
                               ___________

Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  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.
                                                           LBD13746-02-9

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