Bill Text: NY A04910 | 2015-2016 | General Assembly | Amended

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Bill Title: Excludes the services of the sole employee of an employer that is a corporation, limited liability company or partnership, when such employee is the owner of such employer, from the definition of "employment" for purposes of unemployment insurance provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-11-28 - tabled [A04910 Detail]

Download: New_York-2015-A04910-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4910--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2015
                                      ___________
       Introduced  by M. of A. PERRY -- read once and referred to the Committee
         on Labor -- committee discharged, bill amended, ordered  reprinted  as
         amended and recommitted to said committee
       AN ACT to amend the labor law, in relation to the definition of "employ-
         ment" for the purposes of unemployment insurance
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 511 of the labor law is amended  by  adding  a  new
    2  subdivision 23 to read as follows:
    3    23.  OWNER-EMPLOYEE.  (A)  THE TERM "EMPLOYMENT" SHALL NOT INCLUDE THE
    4  SERVICES OF THE SOLE EMPLOYEE OF AN EMPLOYER  WHICH  IS  A  CORPORATION,
    5  LIMITED LIABILITY COMPANY OR PARTNERSHIP, WHEN SUCH SOLE EMPLOYEE IS THE
    6  SOLE  SHAREHOLDER OF SUCH CORPORATION, A MEMBER OF THE LIMITED LIABILITY
    7  COMPANY, OR A PARTNER IN SUCH PARTNERSHIP; PROVIDED, HOWEVER, THAT  SUCH
    8  SOLE SHAREHOLDER, MEMBER, OR PARTNER MAY OPT-IN TO UNEMPLOYMENT COVERAGE
    9  BY  FILING AN APPLICATION WITH THE COMMISSIONER AND PAYING THE APPROPRI-
   10  ATE UNEMPLOYMENT CONTRIBUTIONS.
   11    (B) THE COMMISSIONER SHALL PROMULGATE REGULATIONS DESCRIBING THE  FORM
   12  AND  CONTENT  OF  THE OPT-IN APPLICATION WHICH SHALL INCLUDE INFORMATION
   13  REGARDING THE EFFECT AND CONSEQUENCE OF THE OPT-IN.
   14    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02529-04-5