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A00722 Summary:

BILL NOA00722
 
SAME ASSAME AS S00938
 
SPONSORRosenthal D
 
COSPNSRWoerner
 
MLTSPNSR
 
Add §44, Lab L
 
Establishes the task force on jobs and the new economy.
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A00722 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           722
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. D. ROSENTHAL, WOERNER -- read once and referred
          to the Committee on Labor
 
        AN ACT to amend the labor law, in  relation  to  establishing  the  task
          force on jobs and the new economy
 
          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 section 44 to read
     2  as follows:
     3    § 44. Task force on jobs and the new economy. 1. The legislature here-
     4  by finds and declares that the jobs  of  the  twenty-first  century  are
     5  often  created  outside the context of traditional employment. Labor and
     6  employment laws have lagged the development of these new economic oppor-
     7  tunities, leading to a decline in the effectiveness of  the  legislative
     8  regime that provides basic standards for decent working conditions.  The
     9  legislature  further  finds that a task force is necessary to review and
    10  assess state laws and policies to determine whether and how the legisla-
    11  ture should revise current laws to better protect workers' rights within
    12  new economic sectors, helping to balance job growth,  economic  opportu-
    13  nity, and workplace protections.
    14    2.  A  task  force  on  jobs and the new economy is hereby established
    15  within the department to:
    16    (a) examine the nature of newly created jobs and economic  sectors  in
    17  the  twenty-first  century,  including  on-demand  employment  and  jobs
    18  related to or created by electronic application marketplaces;
    19    (b) review existing laws and regulations as they pertain to employers,
    20  employees, and the new economy;
    21    (c) assess state laws on collective bargaining in the  private  sector
    22  and  whether  the public relations board as defined in article twenty of
    23  this chapter can and should exercise jurisdiction over  workers  in  new
    24  economic sectors;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04933-01-1

        A. 722                              2
 
     1    (d) assess state laws on employment status and determine whether work-
     2  ers  in  new  economic  sectors  are properly classified as employees or
     3  independent contractors, including whether  changes  to  state  law  are
     4  necessary  to  properly  clarify  employment status among workers in new
     5  economic sectors;
     6    (e)  assess  state laws on portable benefits and determine whether the
     7  state can and should provide a mechanism to allow for portable  benefits
     8  among workers in new economic sectors; and
     9    (f)  take  on  other  such  tasks as the task force deems necessary in
    10  order to accomplish its goals.
    11    3. The task force shall consist of ten  members  to  be  appointed  as
    12  follows:  the  commissioner or his or her designee, who shall also serve
    13  as chair of the task force; the chair of the workers' compensation board
    14  or his or her designee, who shall serve as vice-chair of the task force;
    15  two members to be appointed by the governor, one of whom shall be chosen
    16  from a list provided by the New York State American Federation of  Labor
    17  -  Congress of Industrial Organizations, and one of whom shall be chosen
    18  from a list provided by the Business Council  of  New  York  State;  two
    19  members  of  the senate shall be appointed by the temporary president of
    20  the senate; two members of the assembly shall be appointed by the speak-
    21  er of the assembly; one member of the senate shall be appointed  by  the
    22  minority  leader  of  the  senate;  one  member of the assembly shall be
    23  appointed by the minority leader of the assembly. From among the members
    24  as appointed, a senate chairperson and an assembly chairperson shall  be
    25  appointed  jointly  by  the  temporary  president  of the senate and the
    26  speaker of the assembly. Any vacancy that occurs in the chair  or  other
    27  membership of the task force shall be filled in the same manner in which
    28  the  original  appointment  was made. No member, officer, or employee of
    29  the task force shall be  disqualified  from  holding  any  other  public
    30  office  or  employment,  nor  shall he or she forfeit any such office or
    31  employment by reason of his or her appointment hereunder,  notwithstand-
    32  ing  the  provisions of any general, special or local law, ordinance, or
    33  city charter.
    34    4. The task force may employ and at pleasure remove such personnel, as
    35  it may deem necessary for the performance of the  task  force  functions
    36  and fix their compensation within the amount appropriated therefor under
    37  the  control  and  direction  of the department. The members of the task
    38  force shall receive no compensation for their  services,  but  shall  be
    39  allowed  their actual and necessary expenses incurred in the performance
    40  of their duties hereunder.
    41    5. The task force may  request  and  shall  receive  from  any  court,
    42  department,  division,  board,  or  bureau, commission, or agency of the
    43  state such assistance and data as will enable the task force to properly
    44  to carry out its powers and duties hereunder.
    45    6. The task force is hereby authorized and empowered to make and  sign
    46  any  agreements  and  to  do and perform any acts that may be necessary,
    47  desirable or proper to carry out the  purpose  and  objectives  of  this
    48  section.
    49    § 2. This act shall take effect immediately.
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