senate Bill S6538

2019-2020 Legislative Session

Relates to dependent workers

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2019 referred to rules

S6538 (ACTIVE) - Details

See Assembly Version of this Bill:
A8343
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §§2, 190 & 701, Lab L

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.

S6538 (ACTIVE) - Sponsor Memo

S6538 (ACTIVE) - Bill Text download pdf


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

                                  6538

                       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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  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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