STATE OF NEW YORK
________________________________________________________________________
7521
2021-2022 Regular Sessions
IN ASSEMBLY
May 13, 2021
___________
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 at least forty hours or
9 more per week, or one hundred sixty hours or more per month, for a
10 transportation network company as defined in article forty-four-B of the
11 vehicle and traffic law, shall be classified as an employee for
12 purposes of this chapter unless the person is a separate business entity
13 or all of the following criteria are met, in which case the person shall
14 be an independent contractor:
15 (a) the individual is free from control and direction in performing
16 the job, both under his or her contract and in fact;
17 (b) the service must be performed outside the usual course of business
18 for which the service is performed; and
19 (c) the individual is customarily engaged in an independently estab-
20 lished trade, occupation, profession, or business that is similar to the
21 service at issue.
22 § 2. This act shall take effect on the sixtieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11242-01-1
