A01470 Summary:
BILL NO | A01470B |
  | |
SAME AS | SAME AS S02311-E |
  | |
SPONSOR | Wright (MS) |
  | |
COSPNSR | Clark, Colton, Farrell, McEneny, Perry, Robinson, Towns, Rosenthal, Ortiz, Kavanagh, Lopez V, O'Donnell, Schimel, Lancman, Alessi, Zebrowski, Camara, Mayersohn, Scarborough, Jeffries, Ramos, Castro, Espaillat, Rivera P, Cook, Brook-Krasny, Jaffee, Powell, Aubry, Barron, Pretlow, Peoples-Stokes, Miller M, Paulin, Gibson |
  | |
MLTSPNSR | Benjamin, Boyland, Brennan, DenDekker, Glick, Heastie, Hooper, Jacobs, Kellner, Lavine, Lentol, Lupardo, Markey, Meng, Millman, Pheffer, Reilly, Rivera N, Sweeney, Thiele, Titus, Weinstein, Weisenberg |
  | |
Amd SS2, 160, 161 & 651, add S170, Lab L; add S296-b, amd S292, Exec L; amd S201, Work Comp L | |
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Relates to provisions regarding domestic workers and such workers' employment regulations concerning hours of labor and wages, employment restrictions and employment contracts. |
A01470 Actions:
BILL NO | A01470B | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/07/2009 | referred to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
02/04/2009 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2009 | amend (t) and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2009 | print number 1470a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2009 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2009 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2009 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2009 | rules report cal.484 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2009 | ordered to third reading rules cal.484 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/22/2009 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2010 | ordered to third reading cal.125 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/28/2010 | amended on third reading 1470b | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | SUBSTITUTED FOR S2311E | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | 3RD READING CAL.196 | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
07/01/2010 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
08/19/2010 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
08/31/2010 | signed chap.481 |
A01470 Floor Votes:
Yes
Abbate
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
No
Oaks
No
Sayward
Yes
Alessi
Yes
Carrozza
Yes
Gabryszak
No
Kolb
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
Yes
Castro
Yes
Galef
No
Koon
No
O'Mara
Yes
Schimel
No
Amedore
No
Christensen
Yes
Gantt
Yes
Lancman
Yes
Ortiz
No
Schimminger
Yes
Arroyo
Yes
Clark
Yes
Gianaris
Yes
Latimer
Yes
Parment
Yes
Schroeder
Yes
Aubry
Yes
Colton
Yes
Gibson
Yes
Lavine
Yes
Paulin
Yes
Scozzafava
No
Bacalles
No
Conte
No
Giglio
Yes
Lentol
ER
Peoples
ER
Seminerio
No
Ball
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Peralta
Yes
Skartados
No
Barclay
No
Corwin
Yes
Gordon
No
Lopez PD
ER
Perry
Yes
Spano
No
Barra
Yes
Crespo
Yes
Gottfried
Yes
Lopez VJ
Yes
Pheffer
Yes
Stirpe
ER
Barron
No
Crouch
Yes
Gunther
Yes
Lupardo
Yes
Powell
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
No
Hawley
No
Magee
Yes
Pretlow
No
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
No
Hayes
Yes
Magnarelli
No
Quinn
Yes
Thiele
Yes
Bing
No
DelMonte
Yes
Heastie
Yes
Maisel
No
Rabbitt
Yes
Titone
ER
Boyland
Yes
DenDekker
ER
Hevesi
ER
Markey
No
Raia
Yes
Titus
No
Boyle
Yes
Destito
Yes
Hikind
Yes
Mayersohn
Yes
Ramos
No
Tobacco
Yes
Bradley
Yes
Dinowitz
Yes
Hooper
No
McDonough
No
Reilich
Yes
Towns
Yes
Brennan
No
Duprey
No
Hoyt
Yes
McEneny
Yes
Reilly
No
Townsend
Yes
Brodsky
Yes
Eddington
Yes
Hyer Spencer
No
McKevitt
Yes
Rivera J
Yes
Walker
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
ER
Rivera N
Yes
Weinstein
No
Burling
No
Errigo
Yes
Jaffee
No
Miller
Yes
Rivera PM
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
No
Molinaro
Yes
Rosenthal
Yes
Wright
No
Calhoun
No
Fields
No
Jordan
Yes
Morelle
Yes
Russell
Yes
Zebrowski
Yes
Camara
No
Finch
Yes
Kavanagh
Yes
Nolan
No
Saladino
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
ER
Carrozza
Yes
Gabryszak
No
Kolb
No
Murray
No
Saladino
Yes
Alessi
No
Castelli
Yes
Galef
Yes
Koon
Yes
Nolan
No
Sayward
Yes
Alfano
Yes
Castro
Yes
Gantt
Yes
Lancman
No
Oaks
Yes
Scarborough
No
Amedore
Yes
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
Yes
Schimel
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
No
O'Mara
No
Schimminger
Yes
Aubry
Yes
Colton
No
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schroeder
No
Bacalles
No
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Scozzafava
No
Ball
ER
Cook
Yes
Gordon
No
Lopez PD
Yes
Paulin
Yes
Skartados
No
Barclay
No
Corwin
Yes
Gottfried
Yes
Lopez VJ
Yes
Peoples
Yes
Spano
No
Barra
Yes
Crespo
Yes
Gunther
Yes
Lupardo
Yes
Perry
Yes
Stirpe
Yes
Barron
ER
Crouch
No
Hawley
No
Magee
Yes
Pheffer
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
No
Hayes
Yes
Magnarelli
Yes
Powell
No
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Pretlow
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Hevesi
ER
Markey
No
Quinn
Yes
Titone
Yes
Boyland
Yes
DenDekker
ER
Hikind
Yes
Mayersohn
No
Rabbitt
Yes
Titus
No
Boyle
Yes
Destito
Yes
Hooper
No
McDonough
No
Raia
No
Tobacco
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Ramos
Yes
Towns
Yes
Brodsky
No
Duprey
Yes
Hyer Spencer
No
McKevitt
No
Reilich
Yes
Townsend
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Reilly
Yes
Weinstein
Yes
Burling
No
Errigo
Yes
Jaffee
No
Miller JM
Yes
Rivera J
Yes
Weisenberg
No
Butler
Yes
Espaillat
ER
Jeffries
Yes
Miller MG
Yes
Rivera N
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
Yes
Rivera PM
Yes
Wright
No
Calhoun
Yes
Fields
No
Jordan
No
Molinaro
Yes
Robinson
Yes
Zebrowski
Yes
Camara
No
Finch
Yes
Kavanagh
No
Montesano
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Russell
‡ Indicates voting via videoconference
A01470 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1470--B Cal. No. 125 2009-2010 Regular Sessions IN ASSEMBLY (Prefiled) January 7, 2009 ___________ Introduced by M. of A. WRIGHT, CLARK, COLTON, FARRELL, McENENY, PERRY, ROBINSON, TOWNS, ROSENTHAL, ORTIZ, KAVANAGH, V. LOPEZ, O'DONNELL, SCHIMEL, LANCMAN, ALESSI, ZEBROWSKI, CAMARA, MAYERSOHN, SCARBOROUGH, JEFFRIES, RAMOS, CASTRO, ESPAILLAT, P. RIVERA, COOK, BROOK-KRASNY, JAFFEE, POWELL, AUBRY, BARRON, PRETLOW, PEOPLES-STOKES, M. MILLER, PAULIN -- Multi-Sponsored by -- M. of A. BENJAMIN, BOYLAND, BRENNAN, DenDEKKER, GLICK, HEASTIE, HOOPER, JACOBS, KELLNER, LAVINE, LENTOL, LUPARDO, MARKEY, MENG, MILLMAN, PHEFFER, REILLY, N. RIVERA, SWEENEY, THIELE, TITUS, WEINSTEIN, WEISENBERG -- read once and referred to the Committee on Labor -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the labor law, the executive law and the workers' compensation law, in relation to establishing regulations regarding employment of domestic workers including hours of labor, wages and employment contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. Many thousands of domestic 2 workers are employed in New York state as housekeepers, nannies, and 3 companions to the elderly. The labor of domestic workers is central to 4 the ongoing prosperity that the state enjoys, and yet, despite the value 5 of their work, domestic workers do not receive the same protection of 6 many state laws as do workers in other industries. Domestic workers 7 often labor under harsh conditions, work long hours for low wages with- 8 out benefits or job security, are isolated in their workplaces, and are 9 endangered by sexual harassment and assault, as well as verbal, 10 emotional and psychological abuse. Moreover, many domestic workers in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00150-18-0A. 1470--B 2 1 the state of New York are women of color who, because of race and sex 2 discrimination, are particularly vulnerable to unfair labor practices. 3 Additionally, domestic workers are not afforded by law the right to 4 organize labor unions for the purpose of collective bargaining. 5 The legislature finds that because domestic workers care for the most 6 important elements of their employers' lives, their families and homes, 7 it is in the interest of employees, employers, and the people of the 8 state of New York to ensure that the rights of domestic workers are 9 respected, protected, and enforced. 10 § 2. Section 2 of the labor law is amended by adding a new subdivision 11 16 to read as follows: 12 16. "Domestic worker" shall mean a person employed in a home or resi- 13 dence for the purpose of caring for a child, serving as a companion for 14 a sick, convalescing or elderly person, housekeeping, or for any other 15 domestic service purpose. "Domestic worker" does not include any indi- 16 vidual (a) working on a casual basis, (b) who is engaged in providing 17 companionship services, as defined in paragraph fifteen of subdivision 18 (a) of section 213 of the fair labor standards act of 1938, and who is 19 employed by an employer or agency other than the family or household 20 using his or her services, or (c) who is a relative through blood, 21 marriage or adoption of: (1) the employer; or (2) the person for whom 22 the worker is delivering services under a program funded or administered 23 by federal, state or local government. 24 § 3. The executive law is amended by adding a new section 296-b to 25 read as follows: 26 § 296-b. Unlawful discriminatory practices relating to domestic work- 27 ers. 1. For the purposes of this section: "Domestic workers" shall have 28 the meaning set forth in section two of the labor law. 29 2. It shall be an unlawful discriminatory practice for an employer to: 30 (a) Engage in unwelcome sexual advances, requests for sexual favors, 31 or other verbal or physical conduct of a sexual nature to a domestic 32 worker when: (i) submission to such conduct is made either explicitly or 33 implicitly a term or condition of an individual's employment; (ii) 34 submission to or rejection of such conduct by an individual is used as 35 the basis for employment decisions affecting such individual; or (iii) 36 such conduct has the purpose or effect of unreasonably interfering with 37 an individual's work performance by creating an intimidating, hostile, 38 or offensive working environment. 39 (b) Subject a domestic worker to unwelcome harassment based on gender, 40 race, religion or national origin, where such harassment has the purpose 41 or effect of unreasonably interfering with an individual's work perform- 42 ance by creating an intimidating, hostile, or offensive working environ- 43 ment. 44 § 4. Subdivisions 5 and 6 of section 292 of the executive law, subdi- 45 vision 5 as amended by chapter 851 of the laws of 1965 and subdivision 6 46 as amended by chapter 166 of the laws of 2000, are amended to read as 47 follows: 48 5. The term "employer" does not include any employer with fewer than 49 four persons in his or her employ except as set forth in section two 50 hundred ninety-six-b of this title. 51 6. The term "employee" in this article does not include any individual 52 employed by his or her parents, spouse or child, or in the domestic 53 service of any person except as set forth in section two hundred nine- 54 ty-six-b of this title. 55 § 5. Subdivision 3 of section 160 of the labor law is amended to read 56 as follows:A. 1470--B 3 1 3. For all other employees, except those engaged in farm [or domestic2service] work and those affected by subdivision four of section two 3 hundred [and] twenty of this chapter, eight hours. 4 § 6. The labor law is amended by adding a new section 170 to read as 5 follows: 6 § 170. Hours of labor for domestic workers. No person or corporation 7 employing a domestic worker as defined in subdivision sixteen of section 8 two of this chapter, shall require any domestic worker to work more than 9 forty hours in a week, or forty-four hours in a week for domestic work- 10 ers who reside in the home of their employer; unless they receive 11 compensation for overtime work at a rate which is at least one and one- 12 half times the worker's normal wage rate. 13 § 7. Subdivision 1 of section 161 of the labor law is amended by 14 adding a new undesignated paragraph to read as follows: 15 Every person employed as a domestic worker as defined in subdivision 16 sixteen of section two of this chapter, shall be allowed at least twen- 17 ty-four consecutive hours of rest in each and every calendar week. No 18 provision of this paragraph shall prohibit a domestic worker from volun- 19 tarily agreeing to work on such day of rest required by this paragraph, 20 provided that the worker is compensated at the overtime rate for all 21 hours worked on such day of rest. The day of rest authorized under this 22 subdivision should, whenever possible, coincide with the traditional day 23 reserved by the domestic worker for religious worship. In addition, 24 after one year of work with the same employer a domestic worker shall be 25 entitled to at least three days of rest in each calendar year at the 26 regular rate of compensation. 27 § 8. Subdivision 5 of section 651 of the labor law, as amended by 28 chapter 640 of the laws of 2005, is amended to read as follows: 29 5. "Employee" includes any individual employed or permitted to work by 30 an employer in any occupation, but shall not include any individual who 31 is employed or permitted to work: (a) on a casual basis in service as a 32 part time baby sitter in the home of the employer[; or someone who lives33in the home of an employer for the purpose of serving as a companion to34a sick, convalescing or elderly person, and whose principal duties do35not include housekeeping]; (b) in labor on a farm; (c) in a bona fide 36 executive, administrative, or professional capacity; (d) as an outside 37 salesman; (e) as a driver engaged in operating a taxicab; (f) as a 38 volunteer, learner or apprentice by a corporation, unincorporated asso- 39 ciation, community chest, fund or foundation organized and operated 40 exclusively for religious, charitable or educational purposes, no part 41 of the net earnings of which inures to the benefit of any private share- 42 holder or individual; (g) as a member of a religious order, or as a duly 43 ordained, commissioned or licensed minister, priest or rabbi, or as a 44 sexton, or as a christian science reader; (h) in or for such a religious 45 or charitable institution, which work is incidental to or in return for 46 charitable aid conferred upon such individual and not under any express 47 contract of hire; (i) in or for such a religious, educational or chari- 48 table institution if such individual is a student; (j) in or for such a 49 religious, educational or charitable institution if the earning capacity 50 of such individual is impaired by age or by physical or mental deficien- 51 cy or injury; (k) in or for a summer camp or conference of such a reli- 52 gious, educational or charitable institution for not more than three 53 months annually; (l) as a staff counselor in a children's camp; (m) in 54 or for a college or university fraternity, sorority, student association 55 or faculty association, no part of the net earnings of which inures to 56 the benefit of any private shareholder or individual, and which isA. 1470--B 4 1 recognized by such college or university, if such individual is a 2 student; (n) by a federal, state or municipal government or political 3 subdivision thereof. The exclusions from the term "employee" contained 4 in this subdivision shall be as defined by regulations of the commis- 5 sioner; or (o) as a volunteer at a recreational or amusement event run 6 by a business that operates such events, provided that no single such 7 event lasts longer than eight consecutive days and no more than one such 8 event concerning substantially the same subject matter occurs in any 9 calendar year. Any such volunteer shall be at least eighteen years of 10 age. A business seeking coverage under this paragraph shall notify every 11 volunteer in writing, in language acceptable to the commissioner, that 12 by volunteering his or her services, such volunteer is waiving his or 13 her right to receive the minimum wage pursuant to this article. Such 14 notice shall be signed and dated by a representative of the business and 15 the volunteer and kept on file by the business for thirty-six months. 16 "Employee" also includes any individual employed or permitted to work 17 in any non-teaching capacity by a school district or board of cooper- 18 ative educational services except that the provisions of sections six 19 hundred fifty-three through six hundred fifty-nine of this article shall 20 not be applicable in any such case. 21 § 9. The opening paragraph of subdivision 5 and the opening paragraph 22 of paragraph A of subdivision 6 of section 201 of the workers' compen- 23 sation law, the opening paragraph of subdivision 5 as amended by chapter 24 205 of the laws of 1993 and the opening paragraph of paragraph A of 25 subdivision 6 as amended by chapter 903 of the laws of 1986, are amended 26 to read as follows: 27 "Employee" means a person engaged in the service of an employer in any 28 employment defined in subdivision six of this section, except a minor 29 child of the employer, [except a domestic or personal worker in a30private home who is employed for less than forty hours per week by any31one employer, and] except a duly ordained, commissioned, or licensed 32 minister, priest or rabbi, a sexton, a christian science reader, or 33 member of a religious order, or an executive officer of a corporation 34 who at all times during the period involved owns all of the issued and 35 outstanding stock of the corporation and holds all of the offices pursu- 36 ant to paragraph (e) of section seven hundred fifteen of the business 37 corporation law or two executive officers of a corporation who at all 38 times during the period involved between them own all of the issued and 39 outstanding stock of such corporation and hold all such offices 40 provided, however, that each officer must own at least one share of 41 stock, except as provided in section two hundred twelve of this article, 42 or an executive officer of an incorporated religious, charitable or 43 educational institution, or persons engaged in a professional or teach- 44 ing capacity in or for a religious, charitable or educational institu- 45 tion, or volunteers in or for a religious, charitable or educational 46 institution, or persons participating in and receiving rehabilitative 47 services in a sheltered workshop operated by a religious, charitable or 48 educational institution under a certificate issued by the United States 49 department of labor, or recipients of charitable aid from a religious or 50 charitable institution who perform work in or for the institution which 51 is incidental to or in return for the aid conferred, and not under an 52 express contract of hire. The terms "religious, charitable or educa- 53 tional institution" mean a corporation, unincorporated association, 54 community chest, fund or foundation organized and operated exclusively 55 for religious, charitable or educational purposes, no part of the netA. 1470--B 5 1 earnings of which inure to the benefit of any private shareholder or 2 individual. 3 "Employment" means employment in any trade, business or occupation 4 carried on by an employer, except that the following shall not be deemed 5 employment under this article: services performed for the state, a 6 municipal corporation, local governmental agency, other political subdi- 7 vision or public authority; employment subject to the federal railroad 8 unemployment insurance act; service performed on or as an officer or 9 member of the crew of a vessel on the navigable water of the United 10 States or outside the United States; service as farm laborers; casual 11 employment and the first forty-five days of extra employment of employ- 12 ees not regularly in employment as otherwise defined herein; service as 13 golf caddies; and service during all or any part of the school year or 14 regular vacation periods as a part-time worker of any person actually in 15 regular attendance during the day time as a student in an elementary or 16 secondary school. The term "employment" shall include domestic or 17 personal work in a private home. The term "employment" shall not include 18 the services of a licensed real estate broker or sales associate if it 19 be proven that (a) substantially all of the remuneration (whether or not 20 paid in cash) for the services performed by such broker or sales associ- 21 ate is directly related to sales or other output (including the perform- 22 ance of services) rather than to the number of hours worked; (b) the 23 services performed by the broker or sales associate are performed pursu- 24 ant to a written contract executed between such broker or sales associ- 25 ate and the person for whom the services are performed within the past 26 twelve to fifteen months; and (c) the written contract provided for in 27 [paragraph] subparagraph (b) [herein] of this paragraph was not executed 28 under duress and contains the following provisions: 29 § 10. The commissioner of labor shall report to the governor, the 30 speaker of the assembly and the temporary president of the senate before 31 November 1, 2010 on the feasibility and practicality of allowing domes- 32 tic workers to organize for purposes of collective bargaining. In 33 preparing such report, the commissioner of labor will consult with 34 representatives of domestic workers and individuals and agencies that 35 employ domestic workers, and relevant state agencies including the 36 public employment relations board. The report shall address the feasi- 37 bility of an employee organization formed in accordance with the State 38 Labor Relations Act, how bargaining units for such organizations could 39 be formed, whether there are any unique issues which arise in this 40 context and whether there are other possible frameworks for collective 41 organization or for ensuring the benefits that accompany organization 42 for domestic workers. The commissioner of labor shall also report, with 43 the assistance of an interagency working group which shall include but 44 not be limited to the chair of the workers' compensation board, the 45 superintendent of insurance, the commissioner of health and the commis- 46 sioner of economic development, on how best to provide easily accessible 47 educational and informational material for domestic employers and work- 48 ers. Such material shall cover employment benefits, tax and insurance 49 laws. 50 § 11. This act shall take effect on the ninetieth day after it shall 51 have become a law.