Bill Text: NY A07504 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to establishing the employer in situations involving multiple entities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2016-05-03 - REFERRED TO LABOR [A07504 Detail]

Download: New_York-2015-A07504-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7504
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 13, 2015
                                      ___________
       Introduced  by M. of A. MAYER, TITUS -- (at request of the Department of
         Labor) -- read once and referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to establishing the  employer
         in situations involving multiple entities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 512 of the labor law is amended  by  adding  a  new
    2  subdivision 4 to read as follows:
    3    4.  WHENEVER THE COMMISSIONER DETERMINES THAT SERVICES PERFORMED BY AN
    4  INDIVIDUAL CONSTITUTE EMPLOYMENT  BUT  THE  SUPERVISION,  DIRECTION  AND
    5  CONTROL  ARE EXERCISED BY ONE OR MORE ENTITIES AND ONE ENTITY PLACES THE
    6  INDIVIDUAL WITH, OR  PROVIDES  THE  INDIVIDUAL  TO,  ANOTHER  ENTITY  TO
    7  PERFORM  THE  SERVICES,  THE  ENTITY  THAT  PAID  THE INDIVIDUAL FOR THE
    8  SERVICES SHALL BE THE EMPLOYER UNDER THIS ARTICLE UNLESS BY CONTRACT THE
    9  INDIVIDUAL IS SPECIFIED TO BE THE EMPLOYEE OF ANOTHER ENTITY,  IN  WHICH
   10  CASE  THE  OTHER ENTITY SHALL BE THE EMPLOYER. WHENEVER SUCH EMPLOYER IS
   11  REPLACED BY ANOTHER ENTITY SUCH REPLACEMENT SHALL BE CONSIDERED A TRANS-
   12  FER PURSUANT TO SECTION FIVE HUNDRED EIGHTY-ONE OF THIS CHAPTER.    THIS
   13  SUBDIVISION  SHALL  NOT  APPLY TO A PAYROLL AGENCY THAT THE COMMISSIONER
   14  DETERMINES PROVIDES PAYROLL SERVICES ON BEHALF OF ANOTHER EMPLOYER.
   15    S 2. This act shall take effect on the first of January next  succeed-
   16  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09604-01-5