New York A 10078: Relates to classification of transportation network company drivers as employees

Bill Text

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A10078 Summary:

BILL NOA10078 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRajkumar

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 25-D §863, Lab L

&nbsp

Provides that transportation network company drivers shall be classified as employees under certain circumstances.

Go to top A10078 Actions:

BILL NOA10078 

&nbsp

01/30/2026referred to labor

Go to topA10078 Committee&nbspVotes:

Go to topA10078 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10078 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10078

 IN ASSEMBLY

 January 30, 2026
 ___________

 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
 tee on Labor

 AN ACT to amend the labor law, in relation to classification of trans-
 portation network company drivers as employees

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

 1 Section 1. The labor law is amended by adding a new article 25-D to
 2 read as follows:
 3 ARTICLE 25-D
 4 TRANSPORTATION NETWORK COMPANY DRIVERS
 5 Section 863. Presumption of employment by a transportation network
 6 company.
 7 § 863. Presumption of employment by a transportation network compa-
 8 ny. Any person performing services as a driver for a transportation
 9 network company as defined in article forty-four-B of the vehicle and
 10 traffic law, shall be classified as an employee for purposes of this
 11 chapter unless the person is a separate business entity or all of the
 12 following criteria are met, in which case the person shall be an inde-
 13 pendent contractor:
 14 (a) the individual is free from control and direction in performing
 15 the job, both under such individual's contract and in fact;
 16 (b) the service must be performed outside the usual course of business
 17 for which the service is performed; and
 18 (c) the individual is customarily engaged in an independently estab-
 19 lished trade, occupation, profession, or business that is similar to the
 20 service at issue.
 21 § 2. This act shall take effect on the sixtieth day after it shall
 22 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14529-01-6

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