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History
- Signed chap.503
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.397
- Substituted for A9110A
- Referred to labor
- Delivered to assembly
- Passed senateVote 38–23
- Amended on third reading 6469a
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.98
- 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 newspaper delivery persons from unemployment insurance coverage, the minimum wage and workers' compensation coverage
Assembly Floor Calendar · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 incorporate into § 511 of the Labor Law the provisions of the Federal Direct Seller Law, as they apply to a person engaged in the trade or business of the delivering or distribution of newspapers or shopping news (including any services directly related to such trade or business); to exclude from § 651 of the Labor Law the delivery of newspapers and shopping news to the consumer, to be consistent with exclusion in the Federal Wage and Hour Law; and to exclude the delivery of newspapers and shopping news from the provisions of the Workers' Compensation Law.
Summary of provisions
Section 1: Adds subdivision 23 to section 511 of the labor law in order to bring New York State law into conformity with the federal Direct Seller Amendment of the Small Business Job Protection Act of 1996, thereby preserving the state's Federal Unemployment Tax Act credit.
Read the full memo (692 words)
Section 2: Amends subdivision 16 of section 511 of the labor law in order to clarify that the provisions of this legislation are not applicable to persons performing commercial goods transportation services within the meaning of article 25-c of labor law.
Section 3: Amends subdivision 5 of section 651 of the labor law, as amended by chapter 481 of the laws of 2010 to clarify that the provisions of this section are not applicable to persons performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article 25-c of labor law.
Section 4 : Amends subdivision 3 of section 2 of the workers' compensation law, as amended by chapter 392 of the laws of 2008 to clarify that the provisions of this section are not applicable to persons performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article 25-c of labor law.
Section 5: Amends subdivision 4 of section 2 of the workers' compensation law, as amended by chapter 558 of the laws of 2013 to clarify that the provisions of this section are not applicable to persons performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article 25-c of labor law.
Section 6: Amends subdivision 5 of section 2 of the workers' compensation law, as separately amended by chapters 470 and 903 of the laws of 1986 to clarify that the provisions of this section are not applicable to persons performing commercial goods transportation services for a commercial goods transportation contractor within the meaning of article 25-c of labor law.
Section 7: 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, adopting "Guidelines for Determining Worker Status: Newspaper and Shopping Guide Publishing Industry." However, the state ceased to follow them consistently, resulting in uncertainty among newspapers, state agency officials and delivery persons as to the status of these relationships. This bill sets forth a common sense test, consistent with the guidelines and with state and federal law, and incorporating the provisions of the federal Direct Seller Law, to enable newspapers, delivery persons and agency staff to easily determine an individual's employment status.
Enactment of this legislation 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 immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.