Bill Text: NY A00866 | 2025-2026 | General Assembly | Introduced

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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 14-0)

Status: (Introduced) 2025-01-08 - referred to labor [A00866 Detail]

Download: New_York-2025-A00866-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           866

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of  A.  GLICK,  DINOWITZ, COLTON, MAGNARELLI, SIMON,
          REYES, GONZALEZ-ROJAS, BURDICK, GALLAGHER, MAMDANI, RIVERA,  MITAYNES,
          SIMONE, R. CARROLL -- read once and referred to the Committee on Labor

        AN  ACT  to  amend  the  labor law and the workers' compensation law, in
          relation to the employee status of an individual

          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03045-01-5
        A. 866                              2

     1  shall be considered an employee rather than an  independent  contractor;
     2  and
     3    (c) any service by a person for an employer:
     4    (1)  as  an  agent-driver or commission-driver engaged in distributing
     5  meat, vegetable, fruit, or bakery products; beverages other  than  milk;
     6  or laundry or dry-cleaning services; or
     7    (1-a)  as a professional musician or a person otherwise engaged in the
     8  performing arts, and performing services as such  for  a  television  or
     9  radio  station  or network, a film production, a theatre, hotel, restau-
    10  rant, night club or similar establishment unless, by  written  contract,
    11  such  musician  or  person  is  stipulated  to be an employee of another
    12  employer covered by this chapter. "Engaged in the performing arts" shall
    13  mean performing  services  in  connection  with  the  production  of  or
    14  performance  in any artistic endeavor which requires artistic or techni-
    15  cal skill or expertise; or
    16    (1-b) as an employee in the construction industry unless the  presump-
    17  tion  of  employment  can  be  overcome, as provided under section eight
    18  hundred sixty-one-c of this chapter; or
    19    (1-c) as an employee in the commercial goods  transportation  industry
    20  unless  the presumption of employment can be overcome, as provided under
    21  section eight hundred sixty-two-b of this chapter; or
    22    (2) as a traveling or city [salesman] salesperson engaged on  a  full-
    23  time  basis  in soliciting orders for merchandise for resale or supplies
    24  for use in the  purchaser's  business  operations  if  the  contract  of
    25  service  contemplates  that substantially all of such services are to be
    26  performed personally by  such  person;  such  person  does  not  have  a
    27  substantial  investment  in  facilities  used  in  connection  with  the
    28  performance of such services, excepting facilities  for  transportation;
    29  and  the services are not in the nature of a single transaction which is
    30  not part of a continuing relationship with the employer.
    31    (3) as a professional model, where:
    32    (i) the professional model performs modeling services for; or
    33    (ii) consents in writing to the transfer of [his or her] such  profes-
    34  sional  model's  exclusive  legal  right to the use of [his or her] such
    35  professional model's name, portrait, picture or image,  for  advertising
    36  purposes  or  for  the  purposes of trade, directly to a retail store, a
    37  manufacturer, an advertising agency, a photographer, a publishing compa-
    38  ny or any other such person or entity, which dictates such  professional
    39  model's  assignments,  hours  of work or performance locations and which
    40  compensates such professional model in return for a waiver  of  [his  or
    41  her]  such  professional model's privacy rights enumerated above, unless
    42  such services are performed pursuant to a written contract wherein it is
    43  stated that the professional model is the employee of  another  employer
    44  covered  by  this  chapter.  For purposes of this subparagraph, the term
    45  "professional model" means a person who, in the course of [his  or  her]
    46  such   person's  trade,  occupation  or  profession,  performs  modeling
    47  services.  For  purposes  of  this  subparagraph,  the  term   "modeling
    48  services"  means  the appearance by a professional model in photographic
    49  sessions or the engagement of such model in live, filmed or taped model-
    50  ing performances for remuneration.
    51    § 2. Subdivision 3 of section 160 of the labor law, the opening  para-
    52  graph  as amended by chapter 481 of the laws of 2010, is amended to read
    53  as follows:
    54    3. a. For all other employees, except those engaged in farm  work  and
    55  those affected by subdivision four of section two hundred twenty of this
    56  chapter, eight hours.
        A. 866                              3

     1    b. For the purposes of this subdivision, an individual providing labor
     2  or  services  for remuneration has the status of an employee rather than
     3  an independent contractor unless the hiring entity demonstrates  all  of
     4  the following conditions:
     5    (i)  The  individual  is  free  from  the control and direction of the
     6  hiring entity in connection with the performance of the work, both under
     7  the contract for the performance of the work and in fact.
     8    (ii) The individual performs work that is outside the usual course  of
     9  the hiring entity's business.
    10    (iii) The individual is customarily engaged in an independently estab-
    11  lished  trade,  occupation,  or  business  of  the  same  nature as that
    12  involved in the work performed.
    13    c. This subdivision shall not prevent an agreement for overwork at  an
    14  increased compensation, except upon work by or for the state or a munic-
    15  ipal  corporation,  or  by  contractors or subcontractors therewith, and
    16  except as otherwise provided in this chapter.
    17    § 3. Subdivision 5 of section 651 of  the  labor  law  is  amended  by
    18  adding a new closing paragraph to read as follows:
    19    Unless  otherwise excluded by the provisions of this subdivision or by
    20  regulations promulgated by the  commissioner,  an  individual  providing
    21  labor  or services for remuneration has the status of an employee rather
    22  than an independent contractor unless the hiring entity demonstrates all
    23  of the following conditions:
    24    (a) The individual is free from  the  control  and  direction  of  the
    25  hiring entity in connection with the performance of the work, both under
    26  the contract for the performance of the work and in fact.
    27    (b)  The  individual performs work that is outside the usual course of
    28  the hiring entity's business.
    29    (c) The individual is customarily engaged in an  independently  estab-
    30  lished  trade,  occupation,  or  business  of  the  same  nature as that
    31  involved in the work performed.
    32    § 4. Subdivision 6 of section 201 of the workers' compensation law  is
    33  amended by adding a new paragraph E to read as follows:
    34    E. (A) The term "employment" includes, unless specifically excluded by
    35  a provision of this subdivision, any service by a person providing labor
    36  or  services for remuneration unless the hiring entity demonstrates that
    37  all of the following conditions are satisfied:
    38    (i) the person is free from the control and direction  of  the  hiring
    39  entity  in  connection  with the performance of the work, both under the
    40  contract for the performance of the work and in fact; and
    41    (ii) the person performs work that is outside the usual course of  the
    42  hiring entity's business; and
    43    (iii)  the  person  is  customarily engaged in an independently estab-
    44  lished trade, occupation,  or  business  of  the  same  nature  as  that
    45  involved in the work performed.
    46    (B)  For  the  purposes of this section, any person providing labor or
    47  services for remuneration pursuant to subparagraph (A) of this paragraph
    48  shall be considered an employee rather than an independent contractor.
    49    § 5.  This act shall take effect immediately.