S06469 Summary:
BILL NO | S06469A |
  | |
SAME AS | SAME AS A09110-A |
  | |
SPONSOR | AMEDORE |
  | |
COSPNSR | BRESLIN, LITTLE, RANZENHOFER, RITCHIE, SERINO, SEWARD |
  | |
MLTSPNSR | |
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Amd §§511 & 651, Lab L; amd §2, Work Comp L | |
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Excludes newspaper delivery persons from unemployment insurance coverage, the minimum wage and workers' compensation coverage. |
S06469 Actions:
BILL NO | S06469A | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/14/2016 | REFERRED TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
02/01/2016 | 1ST REPORT CAL.98 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/02/2016 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
02/08/2016 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
04/11/2016 | AMENDED ON THIRD READING 6469A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2016 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2016 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2016 | referred to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | substituted for a9110a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | ordered to third reading rules cal.397 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
11/16/2016 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
11/28/2016 | SIGNED CHAP.503 |
S06469 Committee Votes:
Go to topS06469 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
Yes
Palumbo
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Gunther
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
Yes
Magee
Yes
Perry
No
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
No
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
No
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
No
Mayer
Yes
Ra
No
Stirpe
Yes
Bichotte
No
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
Yes
Johns
No
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
No
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
Yes
Katz
Yes
Morelle
No
Rosenthal
Yes
Walter
No
Bronson
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
No
Rozic
Yes
Weinstein
Yes
Buchwald
No
Friend
Yes
Kearns
No
Moya
Yes
Russell
Yes
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
No
Ryan
Yes
Williams
No
Cahill
Yes
Gantt
Yes
Kolb
Yes
Nojay
Yes
Saladino
Yes
Woerner
Yes
Cancel
Yes
Garbarino
No
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
Yes
Schimel
Yes
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lawrence
No
O'Donnell
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Corwin
Yes
Goodell
No
Linares
Yes
Palmesano
Yes
Simanowitz
‡ Indicates voting via videoconference
S06469 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 6469--A Cal. No. 98 IN SENATE January 14, 2016 ___________ Introduced by Sens. AMEDORE, BRESLIN, LITTLE, RANZENHOFER, RITCHIE, SERINO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the labor law and the workers' compensation law, in relation to the application of unemployment, the minimum wage and workers' compensation coverage to newspaper delivery persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 511 of the labor law is amended by adding a new 2 subdivision 23 to read as follows: 3 23. Newspaper delivery persons. The term "employment" shall not 4 include service performed by any person if: 5 (a) such person is engaged in the trade or business of the delivering 6 or distribution of newspapers or shopping news (including any services 7 directly related to such trade or business); 8 (b) substantially all the remuneration (whether or not paid in cash) 9 for the performance of the services described in paragraph (a) of this 10 subdivision is directly related to sales or other output (including the 11 performance of services) rather than to the number of hours worked; and 12 (c) the services performed by the person are performed pursuant to a 13 written contract between such person and the person for whom the 14 services are performed, and such contract provides that person will not 15 be treated as an employee with respect to such services for federal tax 16 purposes. 17 § 2. Subdivision 16 of section 511 of the labor law, as amended by 18 chapter 102 of the laws of 2002, is amended to read as follows: 19 16. Non-applicability of exclusions. The exclusions described in 20 subdivisions eight, nine, twelve, thirteen and fourteen of this section 21 shall not apply to services performed for a nonprofit organization as 22 defined in section five hundred sixty-three or for a governmental entity 23 as defined in section five hundred sixty-five or for an Indian tribe as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13647-03-6S. 6469--A 2 1 defined in section five hundred sixty-six of this article. The exclu- 2 sions described in subdivision twenty-three of this section shall not 3 apply to commercial goods transportation services performed for a 4 commercial goods transportation contractor within the meaning of article 5 twenty-five-C of this chapter. 6 § 3. The opening paragraph of subdivision 5 of section 651 of the 7 labor law, as amended by chapter 481 of the laws of 2010, is amended to 8 read as follows: 9 "Employee" includes any individual employed or permitted to work by an 10 employer in any occupation, but shall not include any individual who is 11 employed or permitted to work: (a) on a casual basis in service as a 12 part time baby sitter in the home of the employer; (b) in labor on a 13 farm; (c) in a bona fide executive, administrative, or professional 14 capacity; (d) as an outside salesman; (e) as a driver engaged in operat- 15 ing a taxicab; (f) as a volunteer, learner or apprentice by a corpo- 16 ration, unincorporated association, community chest, fund or foundation 17 organized and operated exclusively for religious, charitable or educa- 18 tional purposes, no part of the net earnings of which inures to the 19 benefit of any private shareholder or individual; (g) as a member of a 20 religious order, or as a duly ordained, commissioned or licensed minis- 21 ter, priest or rabbi, or as a sexton, or as a christian science reader; 22 (h) in or for such a religious or charitable institution, which work is 23 incidental to or in return for charitable aid conferred upon such indi- 24 vidual and not under any express contract of hire; (i) in or for such a 25 religious, educational or charitable institution if such individual is a 26 student; (j) in or for such a religious, educational or charitable 27 institution if the earning capacity of such individual is impaired by 28 age or by physical or mental deficiency or injury; (k) in or for a 29 summer camp or conference of such a religious, educational or charitable 30 institution for not more than three months annually; (l) as a staff 31 counselor in a children's camp; (m) in or for a college or university 32 fraternity, sorority, student association or faculty association, no 33 part of the net earnings of which inures to the benefit of any private 34 shareholder or individual, and which is recognized by such college or 35 university, if such individual is a student; (n) by a federal, state or 36 municipal government or political subdivision thereof[. The exclusions37from the term "employee" contained in this subdivision shall be as38defined by regulations of the commissioner]; [or] (o) as a volunteer at 39 a recreational or amusement event run by a business that operates such 40 events, provided that no single such event lasts longer than eight 41 consecutive days and no more than one such event concerning substantial- 42 ly the same subject matter occurs in any calendar year[. Any], where (1) 43 any such volunteer shall be at least eighteen years of age[. A], (2) a 44 business seeking coverage under this paragraph shall notify every volun- 45 teer in writing, in language acceptable to the commissioner, that by 46 volunteering his or her services, such volunteer is waiving his or her 47 right to receive the minimum wage pursuant to this article[. Such], and 48 (3) such notice shall be signed and dated by a representative of the 49 business and the volunteer and kept on file by the business for thirty- 50 six months; or (p) in the delivery of newspapers or shopping news to the 51 consumer by a person who is not performing commercial goods transporta- 52 tion services for a commercial goods transportation contractor within 53 the meaning of article twenty-five-C of this chapter. The exclusions 54 from the term "employee" contained in this subdivision shall be as 55 defined by regulations of the commissioner.S. 6469--A 3 1 § 4. The opening paragraph of subdivision 3 of section 2 of the work- 2 ers' compensation law, as amended by chapter 392 of the laws of 2008, is 3 amended to read as follows: 4 "Employer," except when otherwise expressly stated, means a person, 5 partnership, association, corporation, and the legal representatives of 6 a deceased employer, or the receiver or trustee of a person, partner- 7 ship, association or corporation, having one or more persons in employ- 8 ment, including the state, a municipal corporation, fire district or 9 other political subdivision of the state, and every authority or commis- 10 sion heretofore or hereafter continued or created by the public authori- 11 ties law. For the purposes of this chapter only "employer" shall also 12 mean a person, partnership, association, corporation, and the legal 13 representatives of a deceased employer, or the receiver or trustee of a 14 person, partnership, association or corporation who delivers or causes 15 to be delivered newspapers or periodicals for delivering or selling and 16 delivering by a newspaper carrier under the age of eighteen years as 17 defined in section thirty-two hundred twenty-eight of the education law, 18 but shall not include delivering newspapers or shopping news to the 19 consumer (including any services directly related to such trade or busi- 20 ness) by a person who is not performing commercial goods transportation 21 services for a commercial goods transportation contractor within the 22 meaning of article twenty-five-C of the labor law. For the purpose of 23 this chapter only, "employer" shall also mean a person, partnership, 24 association, or corporation who leases or otherwise contracts with an 25 operator or lessee for the purpose of driving, operating or leasing a 26 taxicab as so defined in section one hundred forty-eight-a of the vehi- 27 cle and traffic law, except where such person is an owner-operator of 28 such taxicab who personally regularly operates such vehicle an average 29 of forty or more hours per week and leases such taxicab for some portion 30 of the remaining time, and except if the taxicab is a livery subject to 31 section eighteen-c of this chapter, in which case the livery driver's 32 employer shall only be such employer as is defined in that section. For 33 the purposes of this section only, such an owner-operator shall be 34 deemed to be an employer if he controls, directs, supervises, or has the 35 power to hire or terminate such other person who leases the vehicle. 36 § 5. The opening paragraph of subdivision 4 of section 2 of the work- 37 ers' compensation law, as amended by chapter 558 of the laws of 2013, is 38 amended to read as follows: 39 "Employee" means a person engaged in one of the occupations enumerated 40 in section three of this article or who is in the service of an employer 41 whose principal business is that of carrying on or conducting a hazard- 42 ous employment upon the premises or at the plant, or in the course of 43 his or her employment away from the plant of his or her employer; 44 "employee" shall also mean for the purposes of this chapter any individ- 45 ual performing services in construction for a contractor who does not 46 overcome the presumption of employment as provided under section eight 47 hundred sixty-one-c of the labor law; "employee" shall also mean for the 48 purposes of this chapter any individual performing services in the 49 commercial goods transportation industry for a commercial goods trans- 50 portation contractor who does not overcome the presumption of employment 51 as provided under section eight hundred sixty-two-b of the labor law; 52 "employee" shall also mean for the purposes of this chapter civil 53 defense volunteers who are personnel of volunteer agencies sponsored or 54 authorized by a local office under regulations of the civil defense 55 commission, to the extent of the provisions of groups seventeen and 56 nineteen; "employee" shall at the election of a municipal corporationS. 6469--A 4 1 made pursuant to local law duly enacted also mean a member of an auxil- 2 iary police organization authorized by local law; and for the purposes 3 of this chapter only a newspaper carrier under the age of eighteen years 4 as defined in section thirty-two hundred twenty-eight of the education 5 law, but shall not include delivery of newspapers or shopping news to 6 the consumer (including any services directly related to such trade or 7 business) by a person who is not performing commercial goods transporta- 8 tion services for a commercial goods transportation contractor within 9 the meaning of article twenty-five-C of the labor law, and shall not 10 include domestic servants except as provided in section three of this 11 chapter, and except where the employer has elected to bring such employ- 12 ees under the law by securing compensation in accordance with the terms 13 of section fifty of this chapter. The term "employee" shall not include 14 persons who are members of a supervised amateur athletic activity oper- 15 ated on a non-profit basis, provided that said members are not also 16 otherwise engaged or employed by any person, firm or corporation partic- 17 ipating in said athletic activity, nor shall it include the spouse or 18 minor child of an employer who is a farmer unless the services of such 19 spouse or minor child shall be engaged by said employer under an express 20 contract of hire nor shall it include an executive officer of a corpo- 21 ration who at all times during the period involved owns all of the 22 issued and outstanding stock of the corporation and holds all of the 23 offices pursuant to paragraph (e) of section seven hundred fifteen of 24 the business corporation law or two executive officers of a corporation 25 who at all times during the period involved between them own all of the 26 issued and outstanding stock of such corporation and hold all such 27 offices except as provided in subdivision six of section fifty-four of 28 this chapter provided, however, that where there are two executive offi- 29 cers of a corporation each officer must own at least one share of stock, 30 nor shall it include a self-employed person or a partner of a partner- 31 ship as defined in section ten of the partnership law who is not covered 32 under a compensation insurance contract or a certificate of self-insu- 33 rance as provided in subdivision eight of section fifty-four of this 34 chapter, nor shall it include farm laborers except as provided in group 35 fourteen-b of section three of this chapter. If a farm labor contractor 36 recruits or supplies farm laborers for work on a farm, such farm labor- 37 ers shall for the purposes of this chapter be deemed to be employees of 38 the owner or lessee of such farm. The term "employee" shall not include 39 baby sitters as defined in subdivision three of section one hundred 40 thirty-one and subdivision three of section one hundred thirty-two of 41 the labor law or minors fourteen years of age or over engaged in casual 42 employment consisting of yard work and household chores in and about a 43 one family owner-occupied residence or the premises of a non-profit, 44 non-commercial organization, not involving the use of power-driven 45 machinery. The term "employee" shall not include persons engaged by the 46 owner in casual employment consisting of yard work, household chores and 47 making repairs to or painting in and about a one-family owner-occupied 48 residence. The term "employee" shall not include the services of a 49 licensed real estate broker or sales associate if it be proven that (a) 50 substantially all of the remuneration (whether or not paid in cash) for 51 the services performed by such broker or sales associate is directly 52 related to sales or other output (including the performance of services) 53 rather than to the number of hours worked; (b) the services performed by 54 the broker or sales associate are performed pursuant to a written 55 contract executed between such broker or sales associate and the person 56 for whom the services are performed within the past twelve to fifteenS. 6469--A 5 1 months; and (c) the written contract provided for in paragraph (b) of 2 this subdivision was not executed under duress and contains the follow- 3 ing provisions: 4 § 6. The opening paragraph of subdivision 5 of section 2 of the work- 5 ers' compensation law, as separately amended by chapters 470 and 903 of 6 the laws of 1986, is amended to read as follows: 7 "Employment" includes employment in a trade, business or occupation 8 carried on by the employer for pecuniary gain, or in connection there- 9 with, except where the employer elects to bring his employees within the 10 provisions of this chapter as provided in section three of this article, 11 and except employment as a domestic worker as provided in section three 12 of this article, and except where a town elects to have the provisions 13 of this chapter apply to the town superintendent of highways. "Employ- 14 ment" shall also include, in connection with the civil defense effort 15 and for purposes of this chapter the service of a civil defense volun- 16 teer in authorized activities of a volunteer agency sponsored or author- 17 ized by a local office as defined in a state defense emergency act. 18 "Employment" shall also include participation with an auxiliary police 19 effort made within a municipal corporation which elected to include 20 auxiliary policemen within the definition of "employee" as authorized by 21 subdivision four of this section and for purposes of this chapter, the 22 services of members or volunteers in activities authorized by local law. 23 The service of a civil defense volunteer who is also an employee recom- 24 pensed by an employer for service to such employer, shall not be deemed 25 to be in employment of a local office when he is performing civil 26 defense service in his employment or in relation thereto. For the 27 purposes of this chapter only "employment" shall also include the deliv- 28 ery or sale and delivery of newspapers or periodicals by a newspaper 29 carrier as defined in section thirty-two hundred twenty-eight of the 30 education law, but shall not include delivery of newspapers or shopping 31 news to the consumer (including any services directly related to such 32 trade or business) by a person who is not performing commercial goods 33 transportation services for a commercial goods transportation contractor 34 within the meaning of article twenty-five-C of the labor law. The term 35 "employment" shall not include the services of a licensed real estate 36 broker or sales associate if it be proven that (a) substantially all of 37 the remuneration (whether or not paid in cash) for the services 38 performed by such broker or sales associate is directly related to sales 39 or other output (including the performance of services) rather than to 40 the number of hours worked; (b) the services performed by the broker or 41 sales associate are performed pursuant to a written contract executed 42 between such broker or sales associate and the person for whom the 43 services are performed within the past twelve to fifteen months; and (c) 44 the written contract provided for in paragraph (b) herein was not 45 executed under duress and contains the following provisions: 46 § 7. This act shall take effect immediately.