New York State Assembly

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S04850 Summary:

BILL NO	S04850
SAME AS	SAME AS A07504
SPONSOR	MARTINS
COSPNSR
MLTSPNSR
Amd S512, Lab L
Relates to establishing the employer in situations involving multiple entities.

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S04850 Actions:

BILL NO	S04850
04/22/2015	REFERRED TO LABOR
06/01/2015	1ST REPORT CAL.1108
06/02/2015	2ND REPORT CAL.
06/03/2015	ADVANCED TO THIRD READING
06/25/2015	COMMITTED TO RULES
01/06/2016	REFERRED TO LABOR
05/24/2016	1ST REPORT CAL.1194
05/25/2016	2ND REPORT CAL.
06/01/2016	ADVANCED TO THIRD READING
06/17/2016	COMMITTED TO RULES

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S04850 Committee Votes:

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S04850 Floor Votes:

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S04850 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4850
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 22, 2015
                                       ___________
 
        Introduced by Sen. MARTINS -- (at request of the Department of Labor) --
          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 establishing the  employer
          in situations involving multiple entities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 512 of the labor law is amended  by  adding  a  new
     2  subdivision 4 to read as follows:
     3    4.  Whenever the commissioner determines that services performed by an
     4  individual constitute employment  but  the  supervision,  direction  and
     5  control  are exercised by one or more entities and one entity places the
     6  individual with, or  provides  the  individual  to,  another  entity  to
     7  perform  the  services,  the  entity  that  paid  the individual for the
     8  services shall be the employer under this article unless by contract the
     9  individual is specified to be the employee of another entity,  in  which
    10  case  the  other entity shall be the employer. Whenever such employer is
    11  replaced by another entity such replacement shall be considered a trans-
    12  fer pursuant to section five hundred eighty-one of this chapter.    This
    13  subdivision  shall  not  apply to a payroll agency that the commissioner
    14  determines provides payroll services on behalf of another employer.
    15    § 2. This act shall take effect on the first of January next  succeed-
    16  ing the date on which it shall have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09604-01-5

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