Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 05, 2022 | referred to labor |
May 21, 2021 | referred to labor |
Archive: Last 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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A7743 (ACTIVE) - Details
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add Art 25-D §863, Lab L
A7743 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7743 2021-2022 Regular Sessions I N A S S E M B L Y May 21, 2021 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to classification of trans- portation network company drivers as employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding a new article 25-D to read as follows: ARTICLE 25-D TRANSPORTATION NETWORK COMPANY DRIVERS SECTION 863. PRESUMPTION OF EMPLOYMENT BY A TRANSPORTATION NETWORK COMPANY. § 863. PRESUMPTION OF EMPLOYMENT BY A TRANSPORTATION NETWORK COMPA- NY. ANY PERSON PERFORMING SERVICES AS A DRIVER FOR A TRANSPORTATION NETWORK COMPANY AS DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW, SHALL BE CLASSIFIED AS AN EMPLOYEE FOR PURPOSES OF THIS CHAPTER UNLESS THE PERSON IS A SEPARATE BUSINESS ENTITY OR ALL OF THE FOLLOWING CRITERIA ARE MET, IN WHICH CASE THE PERSON SHALL BE AN INDE- PENDENT CONTRACTOR: (A) THE INDIVIDUAL IS FREE FROM CONTROL AND DIRECTION IN PERFORMING THE JOB, BOTH UNDER HIS OR HER CONTRACT AND IN FACT; (B) THE SERVICE MUST BE PERFORMED OUTSIDE THE USUAL COURSE OF BUSINESS FOR WHICH THE SERVICE IS PERFORMED; AND (C) THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB- LISHED TRADE, OCCUPATION, PROFESSION, OR BUSINESS THAT IS SIMILAR TO THE SERVICE AT ISSUE. § 2. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11242-02-1