Excludes from the definition of employee certain harness race drivers

2 Co-sponsors

• George D. Maziarz
• William T. Stachowski

Title of bill

An act to amend the workers' compensation law, in relation to exclusions to the definition of employee for workers' compensation purposes

Purpose

Excludes from the definition of employee certain harness race drivers.

Summary of provisions

Section 1 subdivision 4 of section 2 of the workers' compensation law is amended by adding five new undesignated paragraphs focusing on the employment status of harness race drivers; the legal relationship between grooms and/or caretakers and designated and/or substituted trainers; and the independent contractor status of shippers, farriors and veterinarians that provide services to harness race horses.

Justification

The legal determination of whether an employer/employee relationship exists focuses on the issue of control. In general, under New York law an employee is a person who contracts to work for an employer and is under the employer's control with respect to "the results produced...or the means use to achieve the results". The principal consideration is the employers control over the individual's work. In the case of the employee, that control is present. In the case of the independent contractor, it is absent. This bill is being introduced in response to concerns throughout the industry about the escalating costs of Workers' Compensation insurance, the lack of uniformity in the audit practice. The proposal seeks to provide critical guidance and clarity in an area of increasing uncertainty, bringing uniformity and certainty to these particular employment relationships based on time-honored law.

Existing law

New Bill.

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

This act shall a take effect immediately.