Includes delivery network company workers in the definition of "employee" for purposes of paid sick leave; provides that the employer of a delivery network company worker shall be a delivery network company.
STATE OF NEW YORK
________________________________________________________________________
9814
IN SENATE
April 6, 2026
___________
Introduced by Sen. BRISPORT -- 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 requiring delivery network
company 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" shall
12 include a delivery network company worker, which shall mean an individ-
13 ual who has entered into an agreement with a delivery network company,
14 as defined in subdivision three of this section, to pick up and deliver
15 delivery network company orders for compensation.
16 § 2. Subdivision 3 of section 190 of the labor law, as amended by
17 chapter 281 of the laws of 2002, is amended to read as follows:
18 3. "Employer" includes any person, corporation, limited liability
19 company, or association employing any individual in any occupation,
20 industry, trade, business or service. The term "employer" shall not
21 include a governmental agency. For the purposes of section one hundred
22 ninety-six-b of this article, the employer of a delivery network company
23 worker, as defined in subdivision two of this section, shall be a deliv-
24 ery network company, which shall mean a person, corporation, partner-
25 ship, sole proprietorship, or other entity that is operating in New York
26 state exclusively using a digital network to connect delivery network
27 company customers with delivery network company workers who provide
28 delivery for orders of products made via a digital network, but shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14087-01-5
S. 9814 2
1 not include (i) a transportation network company, as defined by section
2 sixteen hundred ninety-one of the vehicle and traffic law; or (ii) a
3 restaurant, or restaurant chain, that enables customers to place orders
4 for food using a digital network that was created specifically for use
5 by customers of such restaurant or restaurant chain.
6 § 3. This act shall take effect immediately.
