Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 01, 2015 |
enacting clause stricken |
May 28, 2015 |
reported referred to codes |
May 18, 2015 |
referred to labor |
Assembly Bill A7548
2015-2016 Legislative Session
Sponsored By
SILVER
Archive: Last Bill Status - Stricken
- 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
2015-A7548 (ACTIVE) - Details
2015-A7548 (ACTIVE) - Summary
Relates to payment of independent contractors and authorizes the department of labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
2015-A7548 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7548 2015-2016 Regular Sessions I N A S S E M B L Y May 18, 2015 ___________ Introduced by M. of A. SILVER -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to independent contractors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The labor law is amended by adding two new sections 196-b and 196-c to read as follows: S 196-B. DEFINITIONS. FOR PURPOSES OF THIS SECTION AND SECTION ONE HUNDRED NINETY-SIX-C OF THIS ARTICLE, THE TERM: 1. "COMPENSATION" MEANS THE EARNINGS OF AN INDEPENDENT CONTRACTOR. THE TERM "COMPENSATION" ALSO INCLUDES REIMBURSEMENT FOR EXPENSES. 2. "INDEPENDENT CONTRACTOR" MEANS A SOLE PROPRIETOR WHO IS NOT AN EMPLOYEE AND WHO IS HIRED OR RETAINED BY A CLIENT FOR AN AMOUNT EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS; BUT SHALL NOT INCLUDE A CONSTRUCTION CONTRACTOR. 3. "CLIENT" INCLUDES A CORPORATION, LIMITED LIABILITY COMPANY, PART- NERSHIP, ASSOCIATION OR NON-PROFITMAKING ORGANIZATION CONTRACTING WITH AN INDEPENDENT CONTRACTOR IN ANY OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE FOR COMPENSATION EQUAL TO OR GREATER THAN SIX HUNDRED DOLLARS. THE TERM "CLIENT" SHALL NOT INCLUDE A GOVERNMENTAL ENTITY, INCLUDING BUT NOT LIMITED TO, ANY AGENCY, BOARD, DEPARTMENT, COMMISSION OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF; AND CLIENT SHALL NOT INCLUDE A PERSON. 4. "CONSTRUCTION CONTRACTOR" MEANS ANY PERSON, SOLE PROPRIETOR, PART- NERSHIP, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION OR OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE, OR HOLDS ONESELF OUT AS BEING ABLE TO UNDERTAKE, OR DOES UNDERTAKE A CONSTRUCTION PROJECT. 5. "CONSTRUCTION PROJECT" MEANS THE PROVIDING OF ANY LABOR OR SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER TO ALTER, BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04567-01-5
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.