Bill Text: NY S06699 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S06699 Detail]

Download: New_York-2019-S06699-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6699

                               2019-2020 Regular Sessions

                    IN SENATE

                                   September 11, 2019
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the labor law, in relation to the definition of  employ-
          ment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a) and (b) of subdivision 1 of section  511  of
     2  the  labor  law, as amended by chapter 607 of the laws of 1971, subpara-
     3  graph 1-a of paragraph (b) as added by chapter 903 of the laws of  1986,
     4  subparagraph 1-b of paragraph (b) as added by chapter 418 of the laws of
     5  2010,  subparagraph  1-c of paragraph (b) as added by chapter 558 of the
     6  laws of 2013, and subparagraph 3 of paragraph (b) as  added  by  chapter
     7  668 of the laws of 1992, are amended to read as follows:
     8    (a)  any service under any contract of employment for hire, express or
     9  implied, written, or oral; and
    10    (b) (1) any service by a person providing labor or services for remun-
    11  eration unless the hiring entity demonstrates that all of the  following
    12  conditions are satisfied:
    13    (i)  the  person  is free from the control and direction of the hiring
    14  entity in connection with the performance of the work,  both  under  the
    15  contract for the performance of the work and in fact; and
    16    (ii)  the person performs work that is outside the usual course of the
    17  hiring entity's business; and
    18    (iii) the person is customarily engaged  in  an  independently  estab-
    19  lished  trade,  occupation,  or  business  of  the  same  nature as that
    20  involved in the work performed.
    21    (2) for the purposes of this section, any person  providing  labor  or
    22  services for remuneration pursuant to subparagraph one of this paragraph
    23  shall  be  considered an employee rather than an independent contractor;
    24  and
    25    (c) any service by a person for an employer:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13746-01-9
        S. 6699                             2

     1    (1) as an agent-driver or commission-driver  engaged  in  distributing
     2  meat,  vegetable,  fruit, or bakery products; beverages other than milk;
     3  or laundry or dry-cleaning services; or
     4    (1-a)  as a professional musician or a person otherwise engaged in the
     5  performing arts, and performing services as such  for  a  television  or
     6  radio  station  or network, a film production, a theatre, hotel, restau-
     7  rant, night club or similar establishment unless, by  written  contract,
     8  such  musician  or  person  is  stipulated  to be an employee of another
     9  employer covered by this chapter. "Engaged in the performing arts" shall
    10  mean performing  services  in  connection  with  the  production  of  or
    11  performance  in any artistic endeavor which requires artistic or techni-
    12  cal skill or expertise; or
    13    (1-b) as an employee in the construction industry unless the  presump-
    14  tion  of  employment  can  be  overcome, as provided under section eight
    15  hundred sixty-one-c of this chapter; or
    16    (1-c) as an employee in the commercial goods  transportation  industry
    17  unless  the presumption of employment can be overcome, as provided under
    18  section eight hundred sixty-two-b of this chapter; or
    19    (2) as a traveling or city salesman engaged on a  full-time  basis  in
    20  soliciting  orders for merchandise for resale or supplies for use in the
    21  purchaser's business operations if the contract of service  contemplates
    22  that  substantially  all of such services are to be performed personally
    23  by such person; such person does not have a  substantial  investment  in
    24  facilities  used  in  connection  with the performance of such services,
    25  excepting facilities for transportation; and the services are not in the
    26  nature of a single  transaction  which  is  not  part  of  a  continuing
    27  relationship with the employer.
    28    (3) as a professional model, where:
    29    (i) the professional model performs modeling services for; or
    30    (ii) consents in writing to the transfer of his or her exclusive legal
    31  right  to  the  use  of his or her name, portrait, picture or image, for
    32  advertising purposes or for the purposes of trade, directly to a  retail
    33  store, a manufacturer, an advertising agency, a photographer, a publish-
    34  ing  company  or  any  other  such person or entity, which dictates such
    35  professional model's assignments, hours of work or performance locations
    36  and which compensates such professional model in return for a waiver  of
    37  his  or  her  privacy  rights enumerated above, unless such services are
    38  performed pursuant to a written contract wherein it is stated  that  the
    39  professional  model  is the employee of another employer covered by this
    40  chapter. For purposes  of  this  subparagraph,  the  term  "professional
    41  model" means a person who, in the course of his or her trade, occupation
    42  or profession, performs modeling services. For purposes of this subpara-
    43  graph,  the  term  "modeling services" means the appearance by a profes-
    44  sional model in photographic sessions or the engagement of such model in
    45  live, filmed or taped modeling performances for remuneration.
    46    § 2. This act shall take effect immediately.