What's happening
This bill clarifies the definition of "commission salesperson" in New York labor law, adding specific employment conditions for classification.
Why it matters
Narrows who qualifies as a "commission salesperson". by requiring that they follow a fixed schedule, cannot work at their own discretion, and are not free to pursue other employment, ensuring only those with significant employer control are classified this way.
Links commission salesperson status to traditional employment benefits. (such as being on payroll and receiving fringe benefits), potentially affecting eligibility for legal protections, wage calculations, and benefits under labor law.
Could impact employer practices. by making it harder to classify flexible, independent, or gig-economy workers as commission salespeople, potentially reducing misclassification and expanding worker protections.
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Who cares
Headline styles
Clarify Commission Salesperson Definition
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4296
2019-2020 Regular Sessions
IN SENATE
March 6, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to clarifying the definition of a "commission salesperson"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 190 of the labor law, as added by chapter 548 of the laws of 1966, is amended to read as follows:
6. "Commission salesman" means any employee (a) whose principal activity is the selling of any goods, wares, merchandise, services, real estate, securities, insurance or any article or thing and whose earnings are based in whole or in part on commissions, (b) not free to work at his or her own convenience or discretion, (c) constrained to a fixed schedule, (d) not free to engage in other employment and (e) on the employer's payroll and receives fringe benefits. The term "commission salesman" does not include an employee whose principal activity is of a supervisory, managerial, executive or administrative nature.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10422-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to clarify- ing the definition of a "commission salesperson"
Purpose
To clarify the definition of who is a "Commission salesman" under the New York labor law.
Summary of provisions
Amends the following:
Section 1 of the bill amends section 6 of the New York Labor Law § 190, which defines a "commission salesman" as any employee whose (1) princi- pal activity is the selling of any goods, wares, merchandise, services, real estate, securities, insurance or any article or thing and whose earnings are based in whole or in part on commissions, (2) not free to work at his/ her own convenience, (3) constrained to a fixed schedule, (4) not free engage in other employment, and (5) on the employer's payroll and receives fringe benefits.
Justification
An increasingly popular business model in the United States is for employers to hire their workers as independent contractors rather than employees. This has created uncertainty over this question: Under what circumstance is it proper for an employer to classify his/her worker as an independent contractor rather than an employee and vice-versa?
In the state of New York, this inquiry is especially unclear in the salesperson context. The obscurity stems from the two definitions that New York's labor law sets forth defining a salesperson: Whereby, a "commission salesmen" is an employee; yet, a "sales representative" is an independent contractor. These two statutes are seemingly similar in substance yet have subtle differences, which are difficult to decipher when applied under the current statute. However, if an employer misclas- sifies one of his/her workers, it could me an significant unforeseen financial costs and liability exposure for both the hiring party and the worker. Therefore, the following factors will provide guidance for busi- nesses, employers, and workers.
Legislative history
2017-18: S.6215 - REFERRED TO LABOR 2015-16: New Bill
Fiscal implications
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.