What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Print number 7929a
- Amend and recommit to labor
- 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.
Relates to the definition of domestic worker
In Assembly Committee · Labor · Sponsor John T. McDonald III
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, in relation to the definition of domestic worker
Purpose or general idea of bill
This bill amends the definition of "domestic worker" to reflect recent changes to the Federal Fair Labor Standard Act regulations.
Summary of specific provisions
The bill amends the definition of "domestic worker" in section 2 of the labor law, as amended by Chapter 481 of the Laws of 2010 (the "Domestic Workers Bill of Rights" Act).
The bill replaces the current definition, which excludes "any individual who is engaged in providing companionship services, as defined in paragraph fifteen of subdivision (a) of section 213 of the fair labor standards act of 1938,and who is employed by an employer or agency other than the family or household using his or her services," with a new definition that is consistent with the law's legislative intent.
The bill makes a minor technical amendment to the labor law to correct the numbering.
Justification
New York's paraprofessional work force was never intended to be included in the 2010 Domestic Worker Bill of Rights Act(DWBR). The Act conferred upon domestic workers, such as live-in housekeepers and nannies, basic workplace protections related to wage and hour requirements, disability coverage, sexual harassment and other discriminatory practices. In enacting the law, the Legislature found that these workers do not receive the same protections as other workers do and are often subject to exploitation and harassment in the workplace.
In contrast, personal care assistants and home health aides working for licensed home care agencies in New York State are a highly regulated workforce subject to a wide range of local, State, and Federal labor laws and empowered to engage in collective bargaining. For this reason, the DWBR excluded home care aides employed by home care agencies from the definition of "domestic worker." On October 13, 2015, new Federal Fair Labor Standard Act (FLSA) rules went into effect eliminating the "companionship exemption" for workers employed by third party agencies. As a result of this change, the definition of "domestic worker" in New York's labor law now includes these workers in the DWBR, despite the legislative intent to exclude them.
Consequently, licensed home care agencies in New York now must comply with the State's DWBR for their employees. This has resulted in unnecessary and burdensome administrative requirements for home care agencies and confusion regarding how to comply with certain provisions specifically tailored for live-in workers employed by individuals or households.
This bill would update the definition of "domestic worker" in the labor law to reflect the legislative intent of the DWBR Act.
Fiscal implications
None. LEGISLATIVE HISTORY :
None.
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.