senate Bill S8369

2021-2022 Legislative Session

Relates to protections for freelance workers

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2022 reported and committed to finance
Feb 17, 2022 referred to labor

Votes

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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 Labor committee vote details

Labor Committee Vote: May 10, 2022

nay (1)

Co-Sponsors

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S8369 (ACTIVE) - Details

See Assembly Version of this Bill:
A9368
Current Committee:
Senate Finance
Law Section:
Labor Law
Laws Affected:
Amd §§190, 191, 195, 196, 196-a & 198, add §199-b, Lab L

S8369 (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.

S8369 (ACTIVE) - Sponsor Memo

S8369 (ACTIVE) - 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.

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