STATE OF NEW YORK
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342
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
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Introduced by Sen. AKSHAR -- 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 the presumption of employ-
ment in the construction industry
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 861-c of the
2 labor law, as added by chapter 418 of the laws of 2010, is amended to
3 read as follows:
4 (a) the business entity is performing the service free from the direc-
5 tion or control over the means and manner of providing the service,
6 subject to requirements as to the means and manner of providing the
7 service prescribed by the owner in a written contract for the service,
8 and subject only to the right of the contractor for whom the service is
9 provided to specify the desired result and the timeframe for completion;
10 provided, however, the foregoing shall not prevent contractors from
11 collaborating on the performance of a service subject to a written
12 agreement;
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05169-01-9
