Assembly Actions -
Senate Actions - UPPERCASE
|Jan 03, 2024
referred to labor
|Jan 18, 2023
referred to labor
Senate Bill S2052
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Labor Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S2052 (ACTIVE) - Details
2023-S2052 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2052 SPONSOR: JACKSON TITLE OF BILL: An act to amend the labor law and the workers' compensation law, in relation to the employee status of an individual PURPOSE: The purpose of this bill is to reclassify more workers as employees rather than independent contractors in order for them to receive bene- fits such as healthcare and retirement. SUMMARY OF PROVISIONS: Section 1 amends Section 511 of the Labor Law that requires hiring enti- ties to demonstrate that (i) the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for performance of the work and in fact; (ii) the person performs work that is outside the usual course of the hiring entity's business; and (iii) the person is customarily engaged in
2023-S2052 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2052 2023-2024 Regular Sessions I N S E N A T E January 18, 2023 ___________ Introduced by Sens. JACKSON, BRISPORT, HOYLMAN-SIGAL, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law and the workers' compensation law, in relation to the employee status of an individual THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 511 of the labor law, as amended by chapter 607 of the laws of 1971, subpara- graph 1-a of paragraph (b) as added by chapter 903 of the laws of 1986, subparagraph 1-b of paragraph (b) as added by chapter 418 of the laws of 2010, subparagraph 1-c of paragraph (b) as added by chapter 558 of the laws of 2013, and subparagraph 3 of paragraph (b) as added by chapter 668 of the laws of 1992, are amended to read as follows: (a) any service under any contract of employment for hire, express or implied, written, or oral; and (b) (1) ANY SERVICE BY A PERSON PROVIDING LABOR OR SERVICES FOR REMUN- ERATION UNLESS THE HIRING ENTITY DEMONSTRATES THAT ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED: (I) THE PERSON IS FREE FROM THE CONTROL AND DIRECTION OF THE HIRING ENTITY IN CONNECTION WITH THE PERFORMANCE OF THE WORK, BOTH UNDER THE CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT; AND (II) THE PERSON PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF THE HIRING ENTITY'S BUSINESS; AND (III) THE PERSON IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB- LISHED TRADE, OCCUPATION, OR BUSINESS OF THE SAME NATURE AS THAT INVOLVED IN THE WORK PERFORMED. (2) FOR THE PURPOSES OF THIS SECTION, ANY PERSON PROVIDING LABOR OR SERVICES FOR REMUNERATION PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE CONSIDERED AN EMPLOYEE RATHER THAN AN INDEPENDENT CONTRACTOR; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02984-01-3
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