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Who cares
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Sponsors
3 Co-sponsors
History
- Substituted by A7753
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1109
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Excludes certain newspaper delivery persons from the provisions of unemployment, minimum wage and workers' compensation
Vetoed · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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 cities into suburban/rural areas, delivery of newspapers by neighborhood children on bikes has evolved into delivery by adults in cars.
In 2000 the New York State Department of Labor recognized the need to provide a standard by which these common contractual relationships should operate. They published "Guidelines for Determining Worker States: Newspaper and Shopping Guide Publishing Industry." However, the state is no longer following them consistently.
This bill sets forth a common sense test, consistent with the current guidelines and with federal standards, by which newspapers, delivery persons and agency staff will be able to easily determine an individual's employment status. Codifying the guidelines issued by the Department of Labor will foster the distribution of news to New York State residents widely, easily, and affordably while providing delivery persons with the freedom to engage in a form of small business or self-employment that affords them the freedom from constraints of traditional employment requirements.
Legislative history
This is a new bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.