 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2951
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Labor
 
        AN ACT to amend the labor law, in relation to the definition of domestic
          worker
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 16 of section 2 of the labor law, as  added  by
     2  chapter  564 of the laws of 2010 is renumbered subdivision 17 and subdi-
     3  vision 16, as added by chapter 481 of the laws of 2010,  is  amended  to
     4  read as follows:
     5    16.  "Domestic worker" shall mean a person employed in a home or resi-
     6  dence for the purpose of caring for a child, serving as a companion  for
     7  a  sick,  convalescing or elderly person, housekeeping, or for any other
     8  domestic service purpose. "Domestic worker" does not include  any  indi-
     9  vidual  (a)  working on a casual basis, (b) [who is engaged in providing
    10  companionship services, as defined in paragraph fifteen  of  subdivision
    11  (a)  of  section 213 of the fair labor standards act of 1938, and who is
    12  employed by an employer or agency other than  the  family  or  household
    13  using  his  or  her services] employed by an agency licensed pursuant to
    14  article thirty-six of the public health law  or  section  three  hundred
    15  sixty-five-f  of  the  social  services  law,  or  (c) who is a relative
    16  through blood, marriage or adoption of: (1) the  employer;  or  (2)  the
    17  person for whom the worker is delivering services under a program funded
    18  or administered by federal, state or local government.
    19    §  2.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07664-01-7
Relates to the definition of domestic worker

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