Bill Text: NY A10595 | 2015-2016 | General Assembly | Amended

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Bill Title: Provides that a person employed by certain home care services is not included in the definition of domestic worker.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-10 - print number 10595a [A10595 Detail]

Download: New_York-2015-A10595-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10595--A
                   IN ASSEMBLY
                                      June 7, 2016
                                       ___________
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
          read  once  and  referred  to  the  Committee  on  Labor  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the labor law, in relation to the definition of domestic
          worker
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 16 of section 2 of the labor law, as added by
     2  chapter 564 of the laws of 2010 is renumbered subdivision 17 and  subdi-
     3  vision  16,  as  added by chapter 481 of the laws of 2010, is amended to
     4  read as follows:
     5    16. "Domestic worker" shall mean a person employed in a home or  resi-
     6  dence  for the purpose of caring for a child, serving as a companion for
     7  a sick, convalescing or elderly person, housekeeping, or for  any  other
     8  domestic  service  purpose. "Domestic worker" does not include any indi-
     9  vidual (a) working on a casual basis, (b) [who is engaged  in  providing
    10  companionship  services,  as defined in paragraph fifteen of subdivision
    11  (a) of section 213 of the fair labor standards act of 1938, and  who  is
    12  employed  by  an  employer  or agency other than the family or household
    13  using his or her services] employed by an agency  licensed  pursuant  to
    14  article  thirty-six  of  the  public health law or section three hundred
    15  sixty-five-f of the social services  law,  or  (c)  who  is  a  relative
    16  through  blood,  marriage  or  adoption of: (1) the employer; or (2) the
    17  person for whom the worker is delivering services under a program funded
    18  or administered by federal, state or local government.
    19    § 2. This act shall take effect on the ninetieth day  after  it  shall
    20  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15633-02-6