assembly Bill A5772

2021-2022 Legislative Session

Relates to the employee status of an individual

download bill text pdf

Sponsored By

Current 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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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2021 referred to labor

Co-Sponsors

A5772 (ACTIVE) - Details

See Senate Version of this Bill:
S1999
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §§511, 160 & 651, Lab L; amd §201, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
A8721, S6699

A5772 (ACTIVE) - Summary

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

A5772 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5772
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of  A. GLICK, DINOWITZ, COLTON, MAGNARELLI, SIMON --
   read once and referred to the Committee on Labor
 
 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
 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.