New York A 4935: Povides that each fire district, department or company required to provide enhanced cancer disability benefits for volunteer fire fighters shall be entitled to reimbursement by the state

Status: HELD FOR CONSIDERATION IN LOCAL GOVERNMENTS (as of 2020-07-16)

State: New York · Session: 2019-2020 · Bill: A 4935

Sponsors: HAWLEY

Bill Text

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A04935 Summary:

BILL NOA04935 

&nbsp

SAME ASNo Same As

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SPONSORBronson

&nbsp

COSPNSRShimsky, Tapia, Davila

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MLTSPNSR

&nbsp

Amd §§2, 190 & 701, Lab L

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Relates to dependent workers; defines the term "dependent worker"; requires the commissioner of labor to hold public meetings to examine state laws relating to dependent workers.

Go to top A04935 Actions:

BILL NOA04935 

&nbsp

02/10/2025referred to labor

01/07/2026referred to labor

Go to topA04935 Committee&nbspVotes:

Go to topA04935 Floor&nbspVotes:

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

Go to topA04935 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4935

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. BRONSON, SHIMSKY, TAPIA, DAVILA -- read once and
 referred to the Committee on Labor

 AN ACT to amend the labor law, in relation to dependent workers

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "dependent worker act".
 3 § 2. Legislative findings and intent. 1. It is hereby declared to be
 4 the public policy of the state to ensure that laborers and other workers
 5 who depend for their livelihood on working for others, offering their
 6 time, labor and personal services in exchange for hourly wages or other
 7 compensation, are timely and fully paid and informed regarding their
 8 earnings, without the uncertainty, delay and denial that may result when
 9 their employment status is disputed by claims that they are independent
 10 contractors rather than employees.
 11 2. It is further declared to be the public policy of the state to
 12 ensure that such dependent workers shall have the right to organize and
 13 bargain collectively through representatives of their own choosing based
 14 on the state's constitutional recognition that the labor of human beings
 15 is not a commodity or an article of commerce and shall never be so
 16 considered or construed.
 17 3. The legislature finds that the ability of such dependent workers to
 18 find opportunities for work has been transformed by technology to expand
 19 day work to digital work, allowing workers to establish their availabil-
 20 ity by the minute and hour, rather than simply by the day. In light of
 21 this shift, the legislature finds that further examination is warranted
 22 to determine the extent to which various employment benefits and
 23 substantive protections that were historic bargains struck with input
 24 from labor and management, through bargaining, legislation, and adminis-
 25 trative rate setting and rulemaking, should be extended to such digital
 26 work, regardless of employment status. The collective bargaining oppor-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06542-01-5

 A. 4935 2

 1 tunities and public meetings provided through this legislation can
 2 provide experience and input that is not currently available to the
 3 legislature to inform determinations regarding such benefits and
 4 substantive protections.
 5 4. This chapter shall be deemed an exercise of the police power of the
 6 state for the protection of the public welfare, prosperity, health, and
 7 peace of the people of the state.
 8 5. Nothing herein shall diminish the rights of any worker, including
 9 those already or prospectively determined by a court or administrative
 10 agency to be an employee.
 11 § 3. Section 2 of the labor law is amended by adding a new subdivision
 12 19 to read as follows:
 13 19. "Dependent worker" means an individual who provides personal
 14 services to a consumer of such personal services through a private
 15 sector third-party that: establishes the gross amounts earned by the
 16 individual; establishes the amounts charged to the consumer; collects
 17 payment from the consumer; pays the individual; or any combination of
 18 the preceding. The term "dependent worker" applies without regard to
 19 whether the individual provides such services in the name of the indi-
 20 vidual or in the name of a business or as a separate business entity,
 21 and without regard to 

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