New York S 3900: Relates to clarifying the definition of a commission salesperson

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S03900 Summary:

BILL NOS03900 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §190, Lab L

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Relates to clarifying the definition of a commission salesperson; adds additional factors to the definition of a commission salesperson including not being free to work at such employee's own convenience or discretion, being constrained to a fixed schedule, not being free to engage in other employment and being on the employer's payroll and receiving fringe benefits.

Go to top S03900 Actions:

BILL NOS03900 

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01/30/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS03900 Committee&nbspVotes:

Go to topS03900 Floor&nbspVotes:

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

Go to topS03900 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3900

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Labor

 AN ACT to amend the labor law, in relation to clarifying the definition
 of a "commission salesperson"

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

 1 Section 1. Subdivision 6 of section 190 of the labor law, as added by
 2 chapter 548 of the laws of 1966, is amended to read as follows:
 3 6. "Commission [salesman] salesperson" means any employee (a) whose
 4 principal activity is the selling of any goods, wares, merchandise,
 5 services, real estate, securities, insurance or any article or thing and
 6 whose earnings are based in whole or in part on commissions, (b) not
 7 free to work at such employee's own convenience or discretion, (c)
 8 constrained to a fixed schedule, (d) not free to engage in other employ-
 9 ment and (e) on the employer's payroll and receives fringe benefits. The
 10 term "commission [salesman] salesperson" does not include an employee
 11 whose principal activity is of a supervisory, managerial, executive or
 12 administrative nature.
 13 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07356-01-5

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