NY State Senate Bill 2025-S9814

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2026	referred to labor

2025-S9814 (ACTIVE) - Details

See Assembly Version of this Bill:: A9582
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §190, Lab L

2025-S9814 (ACTIVE) - Summary

Includes delivery network company workers in the definition of "employee" for purposes of paid sick leave; provides that the employer of a delivery network company worker shall be a delivery network company.

2025-S9814 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9814

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring delivery network
company workers have access to paid sick leave

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 2 of section 190 of the labor
law to include delivery network company workers in the definition of
"employee" for the purposes of paid sick leave law.

Section two of the bill amends subdivision 3 of section 190 of the labor
law to include delivery network companies in the definition of "employ-
er" for the purposes of paid sick leave law.

 
JUSTIFICATION:

Paid sick leave laws improve public health by reducing the spread of
illness at minimal cost to businesses (1) (2). New research offers

evidence that paid sick policies have no negative impact on low-wage
workers' likelihood of being employed, and actually increase their annu-
al work hours showing that this vital expansion of the social safety net
can be implemented without being offset by unintended consequences for
the workers it benefits (3).

The classification of app-based delivery drivers as independent contrac-
tors excludes them from paid sick leave benefits guaranteed to nearly
all employees of private entities in New York state.  Currently, New
York state requires employers of more than four employees to allow their
workers to accrue one hour of paid sick time for every thirty hours they
work: up to forty hours of sick time annually for employers of ninety-
nine or fewer employees, and up to fifty six hours for employers of one
hundred or more employees.

Such protection has already been won for similarly situated workers.
Following a settlement with New York Attorney General Letitia James in
2023, Lyft and Uber were required to allow their ride-share drivers to,
accrue up to fifty six hours of paid sick leave a year (4). Without
access to paid sick leave, workers are faced with an unnecessarily
difficult choice when they or family members become sick; stay home and
lose pay, or go to work and risk infecting others. As public-facing
workers, it's a matter of public health and common sense that app-based
delivery drivers have the security necessary to stay home when they are
ill.

(1) Stefan Pichler, Katherine Wen and Nicolas R. Ziebarth. 2021.  "Posi-
tive Health Externalities of Mandating Paid Sick Leave." Journal of
Policy Analysis and Management 715-743.
https://doi.org/10.1002/pam.22284

(2) Stefan Pichler and Nicolas R. Ziebarth. 2020, "Labor Market Effects
of U.S. Sick Pay Mandates.' Journal of Human Resources.  611-659.
https://doi.org/10.3368/jhr.55.3,0117-8514R2

(3) Wething, Hilary and Meredith Slopen. 2024. "Labor Market Effects of
Paid Sick Leave: The Case of Seattle." Upjohn Institute Working Paper
24-396. Kalamazoo, MI: W.E. Upjohn Institute for Employment Research.
https://doi.org/10.17848/wp24-396

(4) "Attorney General James Secures $328 Million from Uber and Lyft for
Taking Earnings from Drivers." November 2, 2023. Office of the New York
State Attorney General.
https://ag.ny.gov/press-release/2023/attorneygeneral-
james-secures-328-million-uber-and-lyft-taking-earnings-drivers

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9814 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9814
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 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
 S. 9814                             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.

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Senate Bill S9814

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S9814 (ACTIVE) - Details

2025-S9814 (ACTIVE) - Summary

2025-S9814 (ACTIVE) - Sponsor Memo

2025-S9814 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Labor Committee

Actions

2025-S9814 (ACTIVE) - Details

2025-S9814 (ACTIVE) - Summary

2025-S9814 (ACTIVE) - Sponsor Memo

2025-S9814 (ACTIVE) - Bill Text download pdf

Comments