Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 20, 2015 |
tabled vetoed memo.273 |
Nov 10, 2015 |
delivered to governor |
Jun 24, 2015 |
returned to assembly passed senate substituted for s4975 |
Jun 24, 2015 |
substituted by a7753 |
Jun 03, 2015 |
advanced to third reading |
Jun 02, 2015 |
2nd report cal. |
Jun 01, 2015 |
1st report cal.1109 |
Apr 27, 2015 |
referred to labor |
Senate Bill S4975
Vetoed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
co-Sponsors
(D, WF) 46th Senate District
(R, C, IP) Senate District
(R, C, IP) 62nd Senate District
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) - Sponsor Memo
BILL NUMBER:S4975 REVISED 4/30/15 TITLE OF BILL: 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 PURPOSE: The purpose of the bill is to codify Department of Labor Guidelines regarding the independent contractor if the person's contractual arrangement with the newspaper meets a multi-factor test. SUMMARY OF PROVISIONS: Section 1: Adds subdivision 23 to section 511 of the labor law. Section 2: Amends subdivision 5 of section 651 of the labor law, as amended by chapter 481 of the laws of 2010. Section 3: Adds new closing paragraph to subdivisions 4 of section 2 of the workers' compensation law. Section 4: Sets the effective date. JUSTIFICATION: Newspapers and similar publications have a long history of contracting with independent delivery persons to carry publications to home subscribers and shops. As people have moved from
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
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