Relates to clarifying the definition of a commission salesperson; adds additional factors to the definition of a commission salesperson including not being free to work at such employee's own convenience or discretion, being constrained to a fixed schedule, not being free to engage in other employment and being on the employer's payroll and receiving fringe benefits.
STATE OF NEW YORK
________________________________________________________________________
3900
2025-2026 Regular Sessions
IN SENATE
January 30, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to clarifying the definition
of a "commission salesperson"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 190 of the labor law, as added by
2 chapter 548 of the laws of 1966, is amended to read as follows:
3 6. "Commission [salesman] salesperson" means any employee (a) whose
4 principal activity is the selling of any goods, wares, merchandise,
5 services, real estate, securities, insurance or any article or thing and
6 whose earnings are based in whole or in part on commissions, (b) not
7 free to work at such employee's own convenience or discretion, (c)
8 constrained to a fixed schedule, (d) not free to engage in other employ-
9 ment and (e) on the employer's payroll and receives fringe benefits. The
10 term "commission [salesman] salesperson" does not include an employee
11 whose principal activity is of a supervisory, managerial, executive or
12 administrative nature.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07356-01-5
