| Date of Action |
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
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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