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 his or her 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
________________________________________________________________________
4296
2019-2020 Regular Sessions
IN SENATE
March 6, 2019
___________
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" means any employee (a) whose principal activ-
4 ity is the selling of any goods, wares, merchandise, services, real
5 estate, securities, insurance or any article or thing and whose earnings
6 are based in whole or in part on commissions, (b) not free to work at
7 his or her own convenience or discretion, (c) constrained to a fixed
8 schedule, (d) not free to engage in other employment and (e) on the
9 employer's payroll and receives fringe benefits. The term "commission
10 salesman" does not include an employee whose principal activity is of a
11 supervisory, managerial, executive or administrative nature.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10422-01-9
