Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 17, 2016 |
committed to rules |
Jun 01, 2016 |
advanced to third reading |
May 25, 2016 |
2nd report cal. |
May 24, 2016 |
1st report cal.1194 |
Jan 06, 2016 |
referred to labor |
Jun 25, 2015 |
committed to rules |
Jun 03, 2015 |
advanced to third reading |
Jun 02, 2015 |
2nd report cal. |
Jun 01, 2015 |
1st report cal.1108 |
Apr 22, 2015 |
referred to labor |
Senate Bill S4850
2015-2016 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2015-S4850 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7504
- Current Committee:
- Senate Rules
- Law Section:
- Labor Law
- Laws Affected:
- Amd §512, Lab L
2015-S4850 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4850 TITLE OF BILL: An act to amend the labor law, in relation to establishing the employer in situations involving multiple entities Purpose: The bill would amend the Labor Law to establish the employer among multiple entities as the entity that pays an individual for services performed that constitute employment. Summary of Provisions: A new subsection (4) is added to Labor Law § 512 establishing the employer among multiple entities with the entity that pays an individual for services performed that constitute employment. The bill provides for an exception based upon written contractual agreements establishing the employer. The bill provides that among the multiple entities, if one entity only provides payment the experience rating of that payment entity will transfer to a new payment entity. Existing Law: Labor Law § 512 provides definitions of "employer" and Labor Law § 560 provides conditions for "terms of coverage" but both do not address situations where an individual is paid by one entity but the
2015-S4850 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4850 2015-2016 Regular Sessions I N S E N A T E 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: Section 1. Section 512 of the labor law is amended by adding a new subdivision 4 to read as follows: 4. WHENEVER THE COMMISSIONER DETERMINES THAT SERVICES PERFORMED BY AN INDIVIDUAL CONSTITUTE EMPLOYMENT BUT THE SUPERVISION, DIRECTION AND CONTROL ARE EXERCISED BY ONE OR MORE ENTITIES AND ONE ENTITY PLACES THE INDIVIDUAL WITH, OR PROVIDES THE INDIVIDUAL TO, ANOTHER ENTITY TO PERFORM THE SERVICES, THE ENTITY THAT PAID THE INDIVIDUAL FOR THE SERVICES SHALL BE THE EMPLOYER UNDER THIS ARTICLE UNLESS BY CONTRACT THE INDIVIDUAL IS SPECIFIED TO BE THE EMPLOYEE OF ANOTHER ENTITY, IN WHICH CASE THE OTHER ENTITY SHALL BE THE EMPLOYER. WHENEVER SUCH EMPLOYER IS REPLACED BY ANOTHER ENTITY SUCH REPLACEMENT SHALL BE CONSIDERED A TRANS- FER PURSUANT TO SECTION FIVE HUNDRED EIGHTY-ONE OF THIS CHAPTER. THIS SUBDIVISION SHALL NOT APPLY TO A PAYROLL AGENCY THAT THE COMMISSIONER DETERMINES PROVIDES PAYROLL SERVICES ON BEHALF OF ANOTHER EMPLOYER. S 2. This act shall take effect on the first of January next succeed- 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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