Bill Text: NY A07521 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that transportation network company drivers shall be classified as employees under certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A07521 Detail]

Download: New_York-2021-A07521-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7521

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 13, 2021
                                       ___________

        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee on Labor

        AN  ACT  to amend the labor law, in relation to classification of trans-
          portation network company drivers as employees

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

     1    Section  1.  The  labor law is amended by adding a new article 25-D to
     2  read as follows:
     3                                 ARTICLE 25-D
     4                   TRANSPORTATION NETWORK COMPANY DRIVERS
     5  Section 863. Presumption   of employment  by  a  transportation  network
     6                 company.
     7    §  863.  Presumption  of employment by a transportation network compa-
     8  ny.  Any person performing services as a driver at least forty hours  or
     9  more  per  week,  or  one  hundred  sixty hours or more per month, for a
    10  transportation network company as defined in article forty-four-B of the
    11  vehicle and traffic law, shall be   classified   as   an   employee  for
    12  purposes of this chapter unless the person is a separate business entity
    13  or all of the following criteria are met, in which case the person shall
    14  be an independent contractor:
    15    (a)  the  individual  is free from control and direction in performing
    16  the job, both under his or her contract and in fact;
    17    (b) the service must be performed outside the usual course of business
    18  for which the service is performed; and
    19    (c) the individual is customarily engaged in an  independently  estab-
    20  lished trade, occupation, profession, or business that is similar to the
    21  service at issue.
    22    §  2.  This  act  shall take effect on the sixtieth day after it shall
    23  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11242-01-1