Assembly Bill A2685

2021-2022 Legislative Session

Relates to dependent workers

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Archive: Last Bill Status - In Assembly 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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2021-A2685 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§2, 190 & 701, Lab L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8343
2023-2024: A917, A8925

2021-A2685 (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.

2021-A2685 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                           I N  A S S E M B L Y
                             January 20, 2021
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 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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