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Assembly Bill A7743

2021-2022 Legislative Session

Relates to classification of transportation network company drivers as employees

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Archive: Last Bill Status - In Assembly Committee

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2021-A7743 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add Art 25-D §863, Lab L

2021-A7743 (ACTIVE) - Summary

Provides that transportation network company drivers shall be classified as employees under certain circumstances.

2021-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

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