Assembly Bill A9582

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9582
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced by M. of A. VALDEZ -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to requiring delivery network
   company 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" SHALL
 INCLUDE A DELIVERY NETWORK COMPANY WORKER, WHICH SHALL MEAN AN  INDIVID-
 UAL  WHO  HAS ENTERED INTO AN AGREEMENT WITH A DELIVERY NETWORK COMPANY,
 AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, TO PICK UP AND  DELIVER
 DELIVERY NETWORK COMPANY ORDERS FOR COMPENSATION.
   §  2.  Subdivision  3  of  section 190 of the labor law, as amended by
 chapter 281 of the laws of 2002, is amended to read as follows:
   3. "Employer" includes  any  person,  corporation,  limited  liability
 company,  or  association  employing  any  individual in any occupation,
 industry, trade, business or service.  The  term  "employer"  shall  not
 include  a  governmental agency. FOR THE PURPOSES OF SECTION ONE HUNDRED
 NINETY-SIX-B OF THIS ARTICLE, THE EMPLOYER OF A DELIVERY NETWORK COMPANY
 WORKER, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, SHALL BE A DELIV-
 ERY NETWORK COMPANY, WHICH SHALL MEAN A  PERSON,  CORPORATION,  PARTNER-
 SHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS OPERATING IN NEW YORK
 STATE  EXCLUSIVELY  USING  A DIGITAL NETWORK TO CONNECT DELIVERY NETWORK
 COMPANY CUSTOMERS WITH DELIVERY  NETWORK  COMPANY  WORKERS  WHO  PROVIDE
 DELIVERY  FOR  ORDERS  OF PRODUCTS MADE VIA A DIGITAL NETWORK, BUT SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14087-01-5
 A. 9582                             2
 
 NOT INCLUDE (I) A TRANSPORTATION NETWORK COMPANY, AS DEFINED BY  SECTION
 SIXTEEN  HUNDRED  NINETY-ONE  OF  THE VEHICLE AND TRAFFIC LAW; OR (II) A
 RESTAURANT, OR RESTAURANT CHAIN, THAT ENABLES CUSTOMERS TO PLACE  ORDERS
 FOR  FOOD  USING A DIGITAL NETWORK THAT WAS CREATED SPECIFICALLY FOR USE
 BY CUSTOMERS OF SUCH RESTAURANT OR RESTAURANT CHAIN.
   § 3. This act shall take effect immediately.