Senate Bill S4975

Vetoed By Governor
2015-2016 Legislative Session

Excludes certain newspaper delivery persons from the provisions of unemployment, minimum wage and workers' compensation

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7753 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2015-S4975 (ACTIVE) - Details

See Assembly Version of this Bill:
A7753
Law Section:
Labor Law
Laws Affected:
Amd §§511 & 651, Lab L; amd §2, Work Comp L

2015-S4975 (ACTIVE) - Summary

Excludes certain newspaper delivery persons from the provisions of unemployment, minimum wage and workers' compensation.

2015-S4975 (ACTIVE) - Sponsor Memo

2015-S4975 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4975

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 2015
                               ___________

Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

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:

  Section  1.  Section  511  of the labor law is amended by adding a new
subdivision 23 to read as follows:
  23. NEWSPAPER DELIVERY PERSON. THE TERM "EMPLOYMENT" SHALL NOT INCLUDE
THE SERVICES OF A PERSON ENGAGED IN  THE  DELIVERY  OR  DISTRIBUTION  OF
NEWSPAPERS, "PENNYSAVERS", SHOPPING NEWS OR ANY FREE DISTRIBUTION PUBLI-
CATIONS (INCLUDING ANY SERVICES THAT ARE DIRECTLY RELATED TO SUCH DELIV-
ERY  OR  DISTRIBUTION), IF (A) SUBSTANTIALLY ALL OF THE REMUNERATION FOR
THE PERFORMANCE OF THE SERVICES IS RELATED TO SALES OR OTHER OUTPUT (FOR
EXAMPLE, FEE PER-COPY OR BUY/SELL) RATHER THAN TO THE  NUMBER  OF  HOURS
WORKED;  (B)  THE SERVICES ARE PERFORMED PURSUANT TO A WRITTEN CONTRACT;
AND (C) THE WRITTEN CONTRACT CONTAINS PROVISIONS EVIDENCING ANY SEVEN OF
THE FOLLOWING:
  (1) THE PERSON IS NOT TREATED AS AN EMPLOYEE FOR FEDERAL TAX PURPOSES,
AND HE OR SHE WILL BE ISSUED IRS FORM 1099 FOR FEDERAL TAX PURPOSES;
  (2) THE PERSON HAS THE RIGHT TO DETERMINE THE SEQUENCE OF DELIVERY  IN
HIS OR HER GEOGRAPHIC AREA OR ROUTE;
  (3) THE PERSON IS NOT REQUIRED TO ATTEND GROUP MEETINGS;
  (4)  THE  PERSON  HAS  THE  RIGHT  TO ENGAGE THE SERVICES OF OTHERS TO
DISTRIBUTE THE PUBLICATION OR PRODUCT WITHOUT APPROVAL OF THE PUBLISHING
COMPANY;
  (5) THE PERSON IS NOT REQUIRED TO SUBMIT WRITTEN REPORTS WITH  RESPECT
TO  TIME  SPENT  OR  ACTIVITIES  ENGAGED  IN  RELATING  TO  DISTRIBUTION
SERVICES, OTHER THAN THOSE FOR INTERNAL CIRCULATION  STATISTICS,  AUDITS
OR AS REQUIRED BY LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10624-01-5
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.