S T A T E O F N E W Y O R K
________________________________________________________________________
8058
2025-2026 Regular Sessions
I N A S S E M B L Y
April 22, 2025
___________
Introduced by M. of A. RAGA -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to requiring certain workers
have access to paid sick leave
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 190 of the labor law, as amended
by chapter 391 of the laws of 2024, is amended to read as follows:
2. "Employee" means any person employed for hire by an employer in any
employment, but with respect to the entirety of this article, except
sections one hundred ninety-three, one hundred ninety-six-b, one hundred
ninety-eight, and one hundred ninety-eight-b, shall not include any
person who has entered into a contract to play baseball at the minor
league level and who is compensated pursuant to the terms of a collec-
tive bargaining agreement that expressly provides for the wages, hours
of work, and working conditions of employees. FOR THE PURPOSES OF
SECTION ONE HUNDRED NINETY-SIX-B OF THIS ARTICLE, "EMPLOYEE" MEANS ANY
PERSON PROVIDING LABOR OR SERVICES TO AN EMPLOYER UNLESS SUCH EMPLOYER
DEMONSTRATES EACH OF THE FOLLOWING CONDITIONS ARE SATISFIED:
A. 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.
B. THE PERSON PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF THE
HIRING ENTITY'S BUSINESS.
C. THE PERSON IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTABLISHED
TRADE, OCCUPATION, OR BUSINESS OF THE SAME NATURE AS THAT INVOLVED IN
THE WORK PERFORMED.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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