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A109Assembly2017-2018 Session

Hold LLCs Liable for Unemployment

Official title

“Relates to the liability of certain limited liability companies and partnerships for unemployment insurance”

Sponsor Kevin CahillAD-103Affects Economy
Status
In Assembly Committee
Labor
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill expands the definition of "employer" under unemployment insurance law to include partners and members of certain limited liability entities with at least two persons.

Why it matters

  1. Expands unemployment insurance coverage. By including partners and members of certain limited liability entities as "employers," the bill subjects these business structures to the same unemployment insurance requirements as more traditional employers. This could affect both how these entities handle payroll and their financial liabilities.

  2. Affects business organization choices. Entrepreneurs and professionals choosing between business forms (like LLCs, LLPs, or corporations) may need to factor in the additional costs and administrative responsibilities of unemployment insurance, potentially influencing their decisions on how to structure new ventures.

  3. Protects workers in non-traditional entities. The change means workers in certain LLCs and LLPs—previously not always covered by unemployment insurance—may now have better access to these benefits if their business has two or more members, closing a gap in the social safety net for some employees.

  4. Clarifies scope and limits. By specifying that only partnerships and companies with at least two persons are included, the bill avoids imposing unemployment insurance obligations on single-member entities, targeting only those businesses where genuine employer-employee relationships are more likely to exist.

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Who cares

Headline styles

Hold LLCs Liable for Unemployment

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin Cahill

Assembly Member · Assembly District 103

History

  1. Referred to labor
  2. Referred to labor

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

109

2017-2018 Regular Sessions

IN ASSEMBLY (Prefiled)

January 4, 2017

Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON, COOK, RIVERA -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to liability under the unemployment insurance law of certain limited liability partnerships and companies

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 512 of the labor law is amended by adding a new subdivision 2-a to read as follows:

2-a. For the purposes of this article, the term "employer" includes a partner of a registered limited liability partnership as defined in section two of the partnership law, a member of a limited liability company as defined in subdivision (m) of section one hundred two of the limited liability company law or a member of a professional service limited liability company as defined in subdivision (f) of section twelve hundred one of the limited liability company law; provided, however, that such limited liability partnerships and companies shall not include those which are less than two persons.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01484-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.