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Senate Bill S4337

2021-2022 Legislative Session

Includes individuals participating in an au pair program under the definition of domestic worker

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Archive: Last Bill Status - Stricken

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2021-S4337 (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Amd §2, Lab L

2021-S4337 (ACTIVE) - Summary

Includes individuals participating in an au pair program under the definition of domestic worker.

2021-S4337 (ACTIVE) - Sponsor Memo

2021-S4337 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4337
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to including au pair  workers
   under the definition of domestic worker
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 16 of section 2 of the labor law, as  added  by
 chapter 481 of the laws of 2010, is amended to read as follows:
   16.  "Domestic worker" shall mean a person employed in a home or resi-
 dence for the purpose of caring for a child, serving as a companion  for
 a  sick,  convalescing or elderly person, housekeeping, or for any other
 domestic service purpose, INCLUDING ANY INDIVIDUAL PARTICIPATING  IN  AN
 AU PAIR PROGRAM SUBJECT TO REGULATIONS UNDER UNITED STATES DEPARTMENT OF
 STATE'S  EXCHANGE  VISITOR  PROGRAM,  22 C.F.R. 62.31. "Domestic worker"
 does not include any individual (a) working on a casual basis,  (b)  who
 is  engaged in providing companionship services, as defined in paragraph
 fifteen of subdivision (a) of section 213 of the  fair  labor  standards
 act of 1938, and who is employed by an employer or agency other than the
 family  or household using his or her services, or (c) who is a relative
 through blood, marriage or adoption of: (1) the  employer;  or  (2)  the
 person for whom the worker is delivering services under a program funded
 or administered by federal, state or local government.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02227-01-1

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