Bill Text: NY S08799 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the presumption of employment in the construction industry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-18 - REFERRED TO LABOR [S08799 Detail]

Download: New_York-2017-S08799-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8799
                    IN SENATE
                                      May 18, 2018
                                       ___________
        Introduced  by  Sen.  AKSHAR -- 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 the presumption of employ-
          ment in the construction industry
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of  subdivision 2 of section 861-c of the
     2  labor law, as added by chapter 418 of the laws of 2010,  is  amended  to
     3  read as follows:
     4    (a) the business entity is performing the service free from the direc-
     5  tion  or  control  over  the  means and manner of providing the service,
     6  subject to requirements as to the means  and  manner  of  providing  the
     7  service  prescribed  by the owner in a written contract for the service,
     8  and subject only to the right of the contractor for whom the service  is
     9  provided to specify the desired result and the timeframe for completion;
    10  provided,  however,  the  foregoing  shall  not prevent contractors from
    11  collaborating on the performance of  a  service  subject  to  a  written
    12  agreement;
    13    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16007-01-8