NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7753
SPONSOR: Morelle (MS) TITLE OF BILL: An act to amend the labor law and the workers' compen-
sation law, in relation to the application of unemployment, the minimum
wage and workers' compensation coverage to newspaper delivery persons
PURPOSE: The purpose of the bill is to codify Department of Labor
Guidelines regarding the independent contractor if the person's contrac-
tual arrangement with the newspaper meets a multi-factor test.
SUMMARY OF PROVISIONS:
Section 1: Adds subdivision 23 to section 511 of the labor law.
Section 2: Amends subdivision 5 of section 651 of the labor law, as
amended by chapter 481 of the laws of 2010.
Section 3: Adds new closing paragraph to subdivisions 4 of section 2 of
the workers' compensation law.
Section 4: Sets the effective date.
JUSTIFICATION: Newspapers and similar publications have a long histo-
ry of contracting with independent delivery persons to carry publica-
tions to home subscribers and shops. As people have moved from cities
into suburban/rural areas, delivery of newspapers by neighborhood chil-
dren on bikes has evolved into delivery by adults in cars.
In 2000 the New York State Department of Labor recognized the need to
provide a standard by which these common contractual relationships
should operate. They published "Guidelines for Determining Worker
States: Newspaper and Shopping Guide Publishing Industry." However, the
state is no longer following them consistently.
This bill sets forth a common sense test, consistent with the current
guidelines and with federal standards, by which newspapers, delivery
persons and agency staff will be able to easily determine an individ-
ual's employment status. Codifying the guidelines issued by the Depart-
ment of Labor will foster the distribution of news to New York State
residents widely, easily, and affordably while providing delivery
persons with the freedom to engage in a form of small business or self-
employment that affords them the freedom from constraints of traditional
employment requirements.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.
