Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 30, 2025 |
referred to labor |
Senate Bill S3900
2025-2026 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Current Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S3900 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §190, Lab L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S6215
2019-2020: S4296
2021-2022: S4390
2023-2024: S5140
2025-S3900 (ACTIVE) - Summary
Relates to clarifying the definition of a commission salesperson; adds additional factors to the definition of a commission salesperson including not being free to work at such employee's own convenience or discretion, being constrained to a fixed schedule, not being free to engage in other employment and being on the employer's payroll and receiving fringe benefits.
2025-S3900 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3900 SPONSOR: PARKER TITLE OF BILL: An act to amend the labor law, in relation to clarifying the definition of a "commission salesperson" PURPOSE: To clarify the definition of who is a "Commission salesman" under the New York labor law. SUMMARY OF PROVISIONS: Section 1: Subdivision 6 of section 190 of the labor law, as added by chapter 548 of the laws 1966, is amended. Section 2: This act shall take effect immediately. JUSTIFICATION:
2025-S3900 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3900 2025-2026 Regular Sessions I N S E N A T E January 30, 2025 ___________ Introduced by Sen. PARKER -- 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 clarifying the definition of a "commission salesperson" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 190 of the labor law, as added by chapter 548 of the laws of 1966, is amended to read as follows: 6. "Commission [salesman] SALESPERSON" means any employee (A) whose principal activity is the selling of any goods, wares, merchandise, services, real estate, securities, insurance or any article or thing and whose earnings are based in whole or in part on commissions, (B) NOT FREE TO WORK AT SUCH EMPLOYEE'S OWN CONVENIENCE OR DISCRETION, (C) CONSTRAINED TO A FIXED SCHEDULE, (D) NOT FREE TO ENGAGE IN OTHER EMPLOY- MENT AND (E) ON THE EMPLOYER'S PAYROLL AND RECEIVES FRINGE BENEFITS. The term "commission [salesman] SALESPERSON" does not include an employee whose principal activity is of a supervisory, managerial, executive or administrative nature. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07356-01-5
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