S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    938
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, LIU -- 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  task
   force on jobs and the new economy

   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 a new section 44 to read
 as follows:
   § 44. TASK FORCE ON JOBS AND THE NEW ECONOMY. 1. THE LEGISLATURE HERE-
 BY FINDS AND DECLARES THAT THE JOBS  OF  THE  TWENTY-FIRST  CENTURY  ARE
 OFTEN  CREATED  OUTSIDE THE CONTEXT OF TRADITIONAL EMPLOYMENT. LABOR AND
 EMPLOYMENT LAWS HAVE LAGGED THE DEVELOPMENT OF THESE NEW ECONOMIC OPPOR-
 TUNITIES, LEADING TO A DECLINE IN THE EFFECTIVENESS OF  THE  LEGISLATIVE
 REGIME THAT PROVIDES BASIC STANDARDS FOR DECENT WORKING CONDITIONS.  THE
 LEGISLATURE  FURTHER  FINDS THAT A TASK FORCE IS NECESSARY TO REVIEW AND
 ASSESS STATE LAWS AND POLICIES TO DETERMINE WHETHER AND HOW THE LEGISLA-
 TURE SHOULD REVISE CURRENT LAWS TO BETTER PROTECT WORKERS' RIGHTS WITHIN
 NEW ECONOMIC SECTORS, HELPING TO BALANCE JOB GROWTH,  ECONOMIC  OPPORTU-
 NITY, AND WORKPLACE PROTECTIONS.
   2.  A  TASK  FORCE  ON  JOBS AND THE NEW ECONOMY IS HEREBY ESTABLISHED
 WITHIN THE DEPARTMENT TO:
   (A) EXAMINE THE NATURE OF NEWLY CREATED JOBS AND ECONOMIC  SECTORS  IN
 THE  TWENTY-FIRST  CENTURY,  INCLUDING  ON-DEMAND  EMPLOYMENT  AND  JOBS
 RELATED TO OR CREATED BY ELECTRONIC APPLICATION MARKETPLACES;
   (B) REVIEW EXISTING LAWS AND REGULATIONS AS THEY PERTAIN TO EMPLOYERS,
 EMPLOYEES, AND THE NEW ECONOMY;
   (C) ASSESS STATE LAWS ON COLLECTIVE BARGAINING IN THE  PRIVATE  SECTOR
 AND  WHETHER  THE PUBLIC RELATIONS BOARD AS DEFINED IN ARTICLE TWENTY OF
 THIS CHAPTER CAN AND SHOULD EXERCISE JURISDICTION OVER  WORKERS  IN  NEW
 ECONOMIC SECTORS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04933-01-1

 S. 938                              2
 
   (D) ASSESS STATE LAWS ON EMPLOYMENT STATUS AND DETERMINE WHETHER WORK-
 ERS  IN  NEW  ECONOMIC  SECTORS  ARE PROPERLY CLASSIFIED AS EMPLOYEES OR
 INDEPENDENT CONTRACTORS, INCLUDING WHETHER  CHANGES  TO  STATE  LAW  ARE
 NECESSARY  TO  PROPERLY  CLARIFY  EMPLOYMENT STATUS AMONG WORKERS IN NEW
 ECONOMIC SECTORS;
   (E)  ASSESS  STATE LAWS ON PORTABLE BENEFITS AND DETERMINE WHETHER THE
 STATE CAN AND SHOULD PROVIDE A MECHANISM TO ALLOW FOR PORTABLE  BENEFITS
 AMONG WORKERS IN NEW ECONOMIC SECTORS; AND
   (F)  TAKE  ON  OTHER  SUCH  TASKS AS THE TASK FORCE DEEMS NECESSARY IN
 ORDER TO ACCOMPLISH ITS GOALS.
   3. THE TASK FORCE SHALL CONSIST OF TEN  MEMBERS  TO  BE  APPOINTED  AS
 FOLLOWS:  THE  COMMISSIONER OR HIS OR HER DESIGNEE, WHO SHALL ALSO SERVE
 AS CHAIR OF THE TASK FORCE; THE CHAIR OF THE WORKERS' COMPENSATION BOARD
 OR HIS OR HER DESIGNEE, WHO SHALL SERVE AS VICE-CHAIR OF THE TASK FORCE;
 TWO MEMBERS TO BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL BE CHOSEN
 FROM A LIST PROVIDED BY THE NEW YORK STATE AMERICAN FEDERATION OF  LABOR
 -  CONGRESS OF INDUSTRIAL ORGANIZATIONS, AND ONE OF WHOM SHALL BE CHOSEN
 FROM A LIST PROVIDED BY THE BUSINESS COUNCIL  OF  NEW  YORK  STATE;  TWO
 MEMBERS  OF  THE SENATE SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
 THE SENATE; TWO MEMBERS OF THE ASSEMBLY SHALL BE APPOINTED BY THE SPEAK-
 ER OF THE ASSEMBLY; ONE MEMBER OF THE SENATE SHALL BE APPOINTED  BY  THE
 MINORITY  LEADER  OF  THE  SENATE;  ONE  MEMBER OF THE ASSEMBLY SHALL BE
 APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. FROM AMONG THE MEMBERS
 AS APPOINTED, A SENATE CHAIRPERSON AND AN ASSEMBLY CHAIRPERSON SHALL  BE
 APPOINTED  JOINTLY  BY  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY. ANY VACANCY THAT OCCURS IN THE CHAIR  OR  OTHER
 MEMBERSHIP OF THE TASK FORCE SHALL BE FILLED IN THE SAME MANNER IN WHICH
 THE  ORIGINAL  APPOINTMENT  WAS MADE. NO MEMBER, OFFICER, OR EMPLOYEE OF
 THE TASK FORCE SHALL BE  DISQUALIFIED  FROM  HOLDING  ANY  OTHER  PUBLIC
 OFFICE  OR  EMPLOYMENT,  NOR  SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR
 EMPLOYMENT BY REASON OF HIS OR HER APPOINTMENT HEREUNDER,  NOTWITHSTAND-
 ING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE, OR
 CITY CHARTER.
   4. THE TASK FORCE MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL, AS
 IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF THE  TASK  FORCE  FUNCTIONS
 AND FIX THEIR COMPENSATION WITHIN THE AMOUNT APPROPRIATED THEREFOR UNDER
 THE  CONTROL  AND  DIRECTION  OF THE DEPARTMENT. THE MEMBERS OF THE TASK
 FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR  SERVICES,  BUT  SHALL  BE
 ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
 OF THEIR DUTIES HEREUNDER.
   5. THE TASK FORCE MAY  REQUEST  AND  SHALL  RECEIVE  FROM  ANY  COURT,
 DEPARTMENT,  DIVISION,  BOARD,  OR  BUREAU, COMMISSION, OR AGENCY OF THE
 STATE SUCH ASSISTANCE AND DATA AS WILL ENABLE THE TASK FORCE TO PROPERLY
 TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER.
   6. THE TASK FORCE IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE AND  SIGN
 ANY  AGREEMENTS  AND  TO  DO AND PERFORM ANY ACTS THAT MAY BE NECESSARY,
 DESIRABLE OR PROPER TO CARRY OUT THE  PURPOSE  AND  OBJECTIVES  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.