STATE OF NEW YORK
________________________________________________________________________
10078
IN ASSEMBLY
January 30, 2026
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to classification of trans-
portation network company drivers as employees
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 article 25-D to
2 read as follows:
3 ARTICLE 25-D
4 TRANSPORTATION NETWORK COMPANY DRIVERS
5 Section 863. Presumption of employment by a transportation network
6 company.
7 § 863. Presumption of employment by a transportation network compa-
8 ny. Any person performing services as a driver for a transportation
9 network company as defined in article forty-four-B of the vehicle and
10 traffic law, shall be classified as an employee for purposes of this
11 chapter unless the person is a separate business entity or all of the
12 following criteria are met, in which case the person shall be an inde-
13 pendent contractor:
14 (a) the individual is free from control and direction in performing
15 the job, both under such individual's contract and in fact;
16 (b) the service must be performed outside the usual course of business
17 for which the service is performed; and
18 (c) the individual is customarily engaged in an independently estab-
19 lished trade, occupation, profession, or business that is similar to the
20 service at issue.
21 § 2. This act shall take effect on the sixtieth day after it shall
22 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14529-01-6
