senate Bill S8369B

2021-2022 Legislative Session

Relates to protections for freelance workers

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2022 returned to senate
passed assembly
ordered to third reading rules cal.617
substituted for a9368a
Jun 01, 2022 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1775
committee discharged and committed to rules
May 29, 2022 print number 8369b
May 29, 2022 amend and recommit to finance
May 25, 2022 print number 8369a
May 25, 2022 amend and recommit to finance
May 10, 2022 reported and committed to finance
Feb 17, 2022 referred to labor

Votes

view votes

Jun 1, 2022 - Rules committee Vote

S8369B
14
7
committee
14
Aye
7
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 10, 2022 - Labor committee Vote

S8369
9
1
committee
9
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 10, 2022

nay (1)

Co-Sponsors

view additional co-sponsors

S8369 - Details

See Assembly Version of this Bill:
A9368
Law Section:
Labor Law
Laws Affected:
Add §191-d, Lab L

S8369 - Summary

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

S8369 - Sponsor Memo

S8369 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8369
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 enacting the "freelance
   isn't free act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "freelance isn't free act".
   § 2. Section 190 of the labor law is amended by adding four new subdi-
 visions 10, 11, 12 and 13 to read as follows:
   10. "CONSTRUCTION CONTRACTOR" MEANS ANY PERSON, SOLE PROPRIETOR, PART-
 NERSHIP,  FIRM,  CORPORATION,  LIMITED LIABILITY COMPANY, ASSOCIATION OR
 OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE,
 OR HOLDS ONESELF  OUT AS BEING ABLE TO UNDERTAKE,  OR  DOES UNDERTAKE  A
 CONSTRUCTION PROJECT.
   11. "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT, OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING  THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   12.  "FREELANCE  WORKER"  MEANS  ANY  NATURAL  PERSON  OR ORGANIZATION
 COMPOSED OF NO MORE THAN ONE NATURAL PERSON, WHETHER OR NOT INCORPORATED
 OR EMPLOYING A TRADE NAME, THAT IS HIRED OR RETAINED AS  AN  INDEPENDENT
 CONTRACTOR  BY  A  HIRING  PARTY  TO PROVIDE SERVICES IN EXCHANGE FOR AN
 AMOUNT EQUAL TO OR GREATER THAN TWO HUNDRED  FIFTY  DOLLARS,  EITHER  BY
 ITSELF  OR  WHEN  AGGREGATED WITH ALL CONTRACTS FOR SERVICES BETWEEN THE
 SAME HIRING PARTY AND FREELANCE WORKER DURING THE IMMEDIATELY  PRECEDING
 ONE HUNDRED TWENTY DAYS, BUT DOES NOT INCLUDE:
   A.  ANY  PERSON  WHO,  PURSUANT  TO  THE CONTRACT AT ISSUE, IS A SALES
 REPRESENTATIVE AS DEFINED IN SECTION ONE HUNDRED  NINETY-ONE-A  OF  THIS
 ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S8369A - Details

See Assembly Version of this Bill:
A9368
Law Section:
Labor Law
Laws Affected:
Add §191-d, Lab L

S8369A - Summary

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

S8369A - Sponsor Memo

S8369A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8369--A
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced  by Sens. GOUNARDES, BIAGGI, CLEARE, HOYLMAN, JACKSON, KRUEG-
   ER, MYRIE, RAMOS, RIVERA, RYAN, SALAZAR, SEPULVEDA,  SKOUFIS  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Labor --  reported  favorably  from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend the labor law, in relation to enacting the "freelance
   isn't free act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "freelance isn't free act".
   § 2. The labor law is amended by adding a new section 191-d to read as
 follows:
   § 191-D. PAYMENT OF WAGES FOR FREELANCE WORKERS. 1.  (A) "CONSTRUCTION
 CONTRACTOR" MEANS ANY  PERSON,  SOLE  PROPRIETOR,  PARTNERSHIP,    FIRM,
 CORPORATION,    LIMITED  LIABILITY  COMPANY,  ASSOCIATION OR OTHER LEGAL
 ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO  UNDERTAKE,  OR  HOLDS
 ONESELF    OUT  AS  BEING  ABLE  TO UNDERTAKE,   OR   DOES UNDERTAKE   A
 CONSTRUCTION PROJECT.
   (B) "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT, OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING  THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   (C)  "FREELANCE  WORKER"  MEANS  ANY  NATURAL  PERSON  OR ORGANIZATION
 COMPOSED OF NO MORE THAN ONE NATURAL PERSON, WHETHER OR NOT INCORPORATED
 OR EMPLOYING A TRADE NAME, THAT IS HIRED OR RETAINED AS  AN  INDEPENDENT
 CONTRACTOR  BY  A  HIRING  PARTY  TO PROVIDE SERVICES IN EXCHANGE FOR AN
 AMOUNT EQUAL TO OR GREATER THAN TWO HUNDRED  FIFTY  DOLLARS,  EITHER  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S8369B (ACTIVE) - Details

See Assembly Version of this Bill:
A9368
Law Section:
Labor Law
Laws Affected:
Add §191-d, Lab L

S8369B (ACTIVE) - Summary

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

S8369B (ACTIVE) - Sponsor Memo

S8369B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8369--B
 
                             I N  S E N A T E
 
                             February 17, 2022
                                ___________
 
 Introduced  by Sens. GOUNARDES, BIAGGI, CLEARE, HOYLMAN, JACKSON, KRUEG-
   ER, MYRIE, RAMOS, RIVERA, RYAN, SALAZAR, SEPULVEDA,  SKOUFIS  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Labor --  reported  favorably  from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the labor law, in relation to  enacting  the  "freelance
   isn't free act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "freelance isn't free act".
   § 2. The labor law is amended by adding a new section 191-d to read as
 follows:
   § 191-D. PAYMENT OF WAGES FOR FREELANCE WORKERS. 1.  (A) "CONSTRUCTION
 CONTRACTOR"  MEANS  ANY  PERSON,  SOLE  PROPRIETOR, PARTNERSHIP,   FIRM,
 CORPORATION,   LIMITED LIABILITY COMPANY,  ASSOCIATION  OR  OTHER  LEGAL
 ENTITY  WHO  BY  ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE, OR HOLDS
 ONESELF   OUT AS BEING ABLE TO  UNDERTAKE,    OR    DOES  UNDERTAKE    A
 CONSTRUCTION PROJECT.
   (B) "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT,  OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   (C) "FREELANCE  WORKER"  MEANS  ANY  NATURAL  PERSON  OR  ORGANIZATION
 COMPOSED OF NO MORE THAN ONE NATURAL PERSON, WHETHER OR NOT INCORPORATED
 OR  EMPLOYING  A TRADE NAME, THAT IS HIRED OR RETAINED AS AN INDEPENDENT
 CONTRACTOR BY A HIRING PARTY TO PROVIDE  SERVICES  IN  EXCHANGE  FOR  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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