STATE OF NEW YORK
________________________________________________________________________
8058
2025-2026 Regular Sessions
IN ASSEMBLY
April 22, 2025
___________
Introduced by M. of A. RAGA -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to requiring certain workers
have access to paid sick leave
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 190 of the labor law, as amended
2 by chapter 391 of the laws of 2024, is amended to read as follows:
3 2. "Employee" means any person employed for hire by an employer in any
4 employment, but with respect to the entirety of this article, except
5 sections one hundred ninety-three, one hundred ninety-six-b, one hundred
6 ninety-eight, and one hundred ninety-eight-b, shall not include any
7 person who has entered into a contract to play baseball at the minor
8 league level and who is compensated pursuant to the terms of a collec-
9 tive bargaining agreement that expressly provides for the wages, hours
10 of work, and working conditions of employees. For the purposes of
11 section one hundred ninety-six-b of this article, "employee" means any
12 person providing labor or services to an employer unless such employer
13 demonstrates each of the following conditions are satisfied:
14 a. the person is free from the control and direction of the hiring
15 entity in connection with the performance of the work, both under the
16 contract for the performance of the work and in fact.
17 b. the person performs work that is outside the usual course of the
18 hiring entity's business.
19 c. the person is customarily engaged in an independently established
20 trade, occupation, or business of the same nature as that involved in
21 the work performed.
22 § 2. This act shall take effect on the first of January next succeed-
23 ing the date on which it shall have become a law. Effective immediately,
24 the addition, amendment and/or repeal of any rule or regulation neces-
25 sary for the implementation of this act on its effective date are
26 authorized to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10418-01-5
