New York A 866: Relates to the employee status of an individual

Bill Text

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A00866 Summary:

BILL NOA00866 

&nbsp

SAME ASNo Same As

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SPONSORGlick

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COSPNSRDinowitz, Colton, Magnarelli, Simon, Reyes, Gonzalez-Rojas, Burdick, Gallagher, Mamdani, Rivera,
 Mitaynes, Simone, Carroll R

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MLTSPNSR

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Amd §§511, 160 & 651, Lab L; amd §201, Work Comp L

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Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

Go to top A00866 Actions:

BILL NOA00866 

&nbsp

01/08/2025referred to labor

01/07/2026referred to labor

Go to topA00866 Committee&nbspVotes:

Go to topA00866 Floor&nbspVotes:

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

Go to topA00866 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 866

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. GLICK, DINOWITZ, COLTON, MAGNARELLI, SIMON,
 REYES, GONZALEZ-ROJAS, BURDICK, GALLAGHER, MAMDANI, RIVERA, MITAYNES,
 SIMONE, R. CARROLL -- read once and referred to the Committee on Labor

 AN ACT to amend the labor law and the workers' compensation law, in
 relation to the employee status of an individual

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

 1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 511 of
 2 the labor law, as amended by chapter 607 of the laws of 1971, subpara-
 3 graph 1-a of paragraph (b) as added by chapter 903 of the laws of 1986,
 4 subparagraph 1-b of paragraph (b) as added by chapter 418 of the laws of
 5 2010, subparagraph 1-c of paragraph (b) as added by chapter 558 of the
 6 laws of 2013, and subparagraph 3 of paragraph (b) as added by chapter
 7 668 of the laws of 1992, are amended to read as follows:
 8 (a) any service under any contract of employment for hire, express or
 9 implied, written, or oral; and
 10 (b) (1) any service by a person providing labor or services for remun-
 11 eration unless the hiring entity demonstrates that all of the following
 12 conditions are satisfied:
 13 (i) the person is free from the control and direction of the hiring
 14 entity in connection with the performance of the work, both under the
 15 contract for the performance of the work and in fact; and
 16 (ii) the person performs work that is outside the usual course of the
 17 hiring entity's business; and
 18 (iii) the person is customarily engaged in an independently estab-
 19 lished trade, occupation, or business of the same nature as that
 20 involved in the work performed.
 21 (2) for the purposes of this section, any person providing labor or
 22 services for remuneration pursuant to subparagraph one of this paragraph

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03045-01-5

 A. 866 2

 1 shall be considered an employee rather than an independent contractor;
 2 and
 3 (c) any service by a person for an employer:
 4 (1) as an agent-driver or commission-driver engaged in distributing
 5 meat, vegetable, fruit, or bakery products; beverages other than milk;
 6 or laundry or dry-cleaning services; or
 7 (1-a) as a professional musician or a person otherwise engaged in the
 8 performing arts, and performing services as such for a television or
 9 radio station or network, a film production, a theatre, hotel, restau-
 10 rant, night club or similar establishment unless, by written contract,
 11 such musician or person is stipulated to be an employee of another
 12 employer covered by this chapter. "Engaged in the performing arts" shall
 13 mean performing services in connection with the production of or
 14 performance in any artistic endeavor which requires artistic or techni-
 15 cal skill or expertise; or
 16 (1-b) as an employee in the construction industry unless the presump-
 17 tion of employment can be overcome, as provided under section eight
 18 hundred sixty-one-c of this chapter; or
 19 (1-c) as an employee in the commercial goods transportation industry
 20 unless the presumption of employment can be overcome, as provided under
 21 section eight hundred sixty-two-b of this chapter; or
 22 (2) as a traveling or city [salesman] salesperson engaged on a full-
 23 t