What's happening
This bill updates the definition of "domestic worker" to exclude those employed by licensed agencies under certain health and social services laws.
Why it matters
Redefines who is protected as a "domestic worker" under New York labor law, potentially affecting eligibility for labor protections, wage standards, and other rights for some home-based care workers.
Excludes workers employed by agencies licensed under specific health and social services laws (such as home health aides from licensed agencies), which could shift their protections from state domestic worker laws to other regulatory frameworks.
May create a clearer distinction between household-employed domestic workers and those placed by licensed agencies, impacting how labor disputes, wage claims, and workplace protections are handled for these workers.
Could affect families and individuals hiring care workers, as well as workers themselves, by changing which sets of regulations and protections apply depending on the employment arrangement.
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Who cares
Headline styles
Clarify Domestic Worker Definition
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 108
2 Co-sponsors
History
- Enacting clause stricken
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Committee 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 Assembly, do enact as follows:
Section 1. Subdivision 16 of section 2 of the labor law, as added by chapter 564 of the laws of 2010 is renumbered subdivision 17 and subdivision 16, as added by chapter 481 of the laws of 2010, is amended to read as follows:
16. "Domestic worker" shall mean a person employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing or elderly person, housekeeping, or for any other domestic service purpose. "Domestic worker" does not include any individual (a) working on a casual basis, (b) [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] employed by an agency licensed pursuant to article thirty-six of the public health law or section three hundred sixty-five-f of the social services law, or (c) who is a relative through blood, marriage or adoption of: (1) the employer; or (2) the person for whom the worker is delivering services under a program funded or administered by federal, state or local government.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07664-01-7
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.