S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    866
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GLICK,  DINOWITZ, COLTON, MAGNARELLI, SIMON,
   REYES, GONZALEZ-ROJAS, BURDICK, GALLAGHER, MAMDANI, RIVERA,  MITAYNES,
   SIMONE, R. CARROLL -- read once and referred to the Committee on Labor
 
 AN  ACT  to  amend  the  labor law and the workers' compensation law, in
   relation to the employee status of an individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 511 of
 the labor law, as amended by chapter 607 of the laws of  1971,  subpara-
 graph  1-a of paragraph (b) as added by chapter 903 of the laws of 1986,
 subparagraph 1-b of paragraph (b) as added by chapter 418 of the laws of
 2010, subparagraph 1-c of paragraph (b) as added by chapter 558  of  the
 laws  of  2013,  and subparagraph 3 of paragraph (b) as added by chapter
 668 of the laws of 1992, are amended to read as follows:
   (a) any service under any contract of employment for hire, express  or
 implied, written, or oral; and
   (b) (1) ANY SERVICE BY A PERSON PROVIDING LABOR OR SERVICES FOR REMUN-
 ERATION  UNLESS THE HIRING ENTITY DEMONSTRATES THAT ALL OF THE FOLLOWING
 CONDITIONS ARE SATISFIED:
   (I) THE PERSON IS FREE FROM THE CONTROL AND DIRECTION  OF  THE  HIRING
 ENTITY  IN  CONNECTION  WITH THE PERFORMANCE OF THE WORK, BOTH UNDER THE
 CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT; AND
   (II) THE PERSON PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF  THE
 HIRING ENTITY'S BUSINESS; AND
   (III)  THE  PERSON  IS  CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB-
 LISHED TRADE, OCCUPATION,  OR  BUSINESS  OF  THE  SAME  NATURE  AS  THAT
 INVOLVED IN THE WORK PERFORMED.
   (2)  FOR  THE  PURPOSES OF THIS SECTION, ANY PERSON PROVIDING LABOR OR
 SERVICES FOR REMUNERATION PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03045-01-5
              

 A. 866                              2
 
 SHALL BE CONSIDERED AN EMPLOYEE RATHER THAN AN  INDEPENDENT  CONTRACTOR;
 AND
   (C) any service by a person for an employer:
   (1)  as  an  agent-driver or commission-driver engaged in distributing
 meat, vegetable, fruit, or bakery products; beverages other  than  milk;
 or laundry or dry-cleaning services; or
   (1-a)  as a professional musician or a person otherwise engaged in the
 performing arts, and performing services as such  for  a  television  or
 radio  station  or network, a film production, a theatre, hotel, restau-
 rant, night club or similar establishment unless, by  written  contract,
 such  musician  or  person  is  stipulated  to be an employee of another
 employer covered by this chapter. "Engaged in the performing arts" shall
 mean performing  services  in  connection  with  the  production  of  or
 performance  in any artistic endeavor which requires artistic or techni-
 cal skill or expertise; or
   (1-b) as an employee in the construction industry unless the  presump-
 tion  of  employment  can  be  overcome, as provided under section eight
 hundred sixty-one-c of this chapter; or
   (1-c) as an employee in the commercial goods  transportation  industry
 unless  the presumption of employment can be overcome, as provided under
 section eight hundred sixty-two-b of this chapter; or
   (2) as a traveling or city [salesman] SALESPERSON engaged on  a  full-
 time  basis  in soliciting orders for merchandise for resale or supplies
 for use in the  purchaser's  business  operations  if  the  contract  of
 service  contemplates  that substantially all of such services are to be
 performed personally by  such  person;  such  person  does  not  have  a
 substantial  investment  in  facilities  used  in  connection  with  the
 performance of such services, excepting facilities  for  transportation;
 and  the services are not in the nature of a single transaction which is
 not part of a continuing relationship with the employer.
   (3) as a professional model, where:
   (i) the professional model performs modeling services for; or
   (ii) consents in writing to the transfer of [his or her] SUCH  PROFES-
 SIONAL  MODEL'S  exclusive  legal  right to the use of [his or her] SUCH
 PROFESSIONAL MODEL'S name, portrait, picture or image,  for  advertising
 purposes  or  for  the  purposes of trade, directly to a retail store, a
 manufacturer, an advertising agency, a photographer, a publishing compa-
 ny or any other such person or entity, which dictates such  professional
 model's  assignments,  hours  of work or performance locations and which
 compensates such professional model in return for a waiver  of  [his  or
 her]  SUCH  PROFESSIONAL MODEL'S privacy rights enumerated above, unless
 such services are performed pursuant to a written contract wherein it is
 stated that the professional model is the employee of  another  employer
 covered  by  this  chapter.  For purposes of this subparagraph, the term
 "professional model" means a person who, in the course of [his  or  her]
 SUCH   PERSON'S  trade,  occupation  or  profession,  performs  modeling
 services.  For  purposes  of  this  subparagraph,  the  term   "modeling
 services"  means  the appearance by a professional model in photographic
 sessions or the engagement of such model in live, filmed or taped model-
 ing performances for remuneration.
   § 2. Subdivision 3 of section 160 of the labor law, the opening  para-
 graph  as amended by chapter 481 of the laws of 2010, is amended to read
 as follows:
   3. A. For all other employees, except those engaged in farm  work  and
 those affected by subdivision four of section two hundred twenty of this
 chapter, eight hours.
 A. 866                              3
 
   B. FOR THE PURPOSES OF THIS SUBDIVISION, AN INDIVIDUAL PROVIDING LABOR
 OR  SERVICES  FOR REMUNERATION HAS THE STATUS OF AN EMPLOYEE RATHER THAN
 AN INDEPENDENT CONTRACTOR UNLESS THE HIRING ENTITY DEMONSTRATES  ALL  OF
 THE FOLLOWING CONDITIONS:
   (I)  THE  INDIVIDUAL  IS  FREE  FROM  THE CONTROL AND DIRECTION OF THE
 HIRING ENTITY IN CONNECTION WITH THE PERFORMANCE OF THE WORK, BOTH UNDER
 THE CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT.
   (II) THE INDIVIDUAL PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE  OF
 THE HIRING ENTITY'S BUSINESS.
   (III) THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB-
 LISHED  TRADE,  OCCUPATION,  OR  BUSINESS  OF  THE  SAME  NATURE AS THAT
 INVOLVED IN THE WORK PERFORMED.
   C. This subdivision shall not prevent an agreement for overwork at  an
 increased compensation, except upon work by or for the state or a munic-
 ipal  corporation,  or  by  contractors or subcontractors therewith, and
 except as otherwise provided in this chapter.
   § 3. Subdivision 5 of section 651 of  the  labor  law  is  amended  by
 adding a new closing paragraph to read as follows:
   UNLESS  OTHERWISE EXCLUDED BY THE PROVISIONS OF THIS SUBDIVISION OR BY
 REGULATIONS PROMULGATED BY THE  COMMISSIONER,  AN  INDIVIDUAL  PROVIDING
 LABOR  OR SERVICES FOR REMUNERATION HAS THE STATUS OF AN EMPLOYEE RATHER
 THAN AN INDEPENDENT CONTRACTOR UNLESS THE HIRING ENTITY DEMONSTRATES ALL
 OF THE FOLLOWING CONDITIONS:
   (A) THE INDIVIDUAL IS FREE FROM  THE  CONTROL  AND  DIRECTION  OF  THE
 HIRING ENTITY IN CONNECTION WITH THE PERFORMANCE OF THE WORK, BOTH UNDER
 THE CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT.
   (B)  THE  INDIVIDUAL PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF
 THE HIRING ENTITY'S BUSINESS.
   (C) THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN  INDEPENDENTLY  ESTAB-
 LISHED  TRADE,  OCCUPATION,  OR  BUSINESS  OF  THE  SAME  NATURE AS THAT
 INVOLVED IN THE WORK PERFORMED.
   § 4. Subdivision 6 of section 201 of the workers' compensation law  is
 amended by adding a new paragraph E to read as follows:
   E. (A) THE TERM "EMPLOYMENT" INCLUDES, UNLESS SPECIFICALLY EXCLUDED BY
 A PROVISION OF THIS SUBDIVISION, ANY SERVICE BY A PERSON PROVIDING LABOR
 OR  SERVICES FOR REMUNERATION UNLESS THE HIRING ENTITY DEMONSTRATES THAT
 ALL OF THE FOLLOWING CONDITIONS ARE SATISFIED:
   (I) THE PERSON IS FREE FROM THE CONTROL AND DIRECTION  OF  THE  HIRING
 ENTITY  IN  CONNECTION  WITH THE PERFORMANCE OF THE WORK, BOTH UNDER THE
 CONTRACT FOR THE PERFORMANCE OF THE WORK AND IN FACT; AND
   (II) THE PERSON PERFORMS WORK THAT IS OUTSIDE THE USUAL COURSE OF  THE
 HIRING ENTITY'S BUSINESS; AND
   (III)  THE  PERSON  IS  CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB-
 LISHED TRADE, OCCUPATION,  OR  BUSINESS  OF  THE  SAME  NATURE  AS  THAT
 INVOLVED IN THE WORK PERFORMED.
   (B)  FOR  THE  PURPOSES OF THIS SECTION, ANY PERSON PROVIDING LABOR OR
 SERVICES FOR REMUNERATION PURSUANT TO SUBPARAGRAPH (A) OF THIS PARAGRAPH
 SHALL BE CONSIDERED AN EMPLOYEE RATHER THAN AN INDEPENDENT CONTRACTOR.
   § 5.  This act shall take effect immediately.