Bill Text: NY A09110 | 2015-2016 | General Assembly | Amended

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Bill Title: Excludes newspaper delivery persons from unemployment insurance coverage, the minimum wage and workers' compensation coverage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-16 - substituted by s6469a [A09110 Detail]

Download: New_York-2015-A09110-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9110--A
                   IN ASSEMBLY
                                    January 28, 2016
                                       ___________
        Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
          tee on Labor -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
        AN  ACT  to  amend  the  labor law and the workers' compensation law, in
          relation to the application of  unemployment,  the  minimum  wage  and
          workers' compensation coverage to newspaper delivery persons
          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.  Newspaper  delivery  persons.    The  term "employment" shall not
     4  include service performed by any person if:
     5    (a) such person is engaged in the trade or business of the  delivering
     6  or  distribution  of newspapers or shopping news (including any services
     7  directly related to such trade or business);
     8    (b) substantially all the remuneration (whether or not paid  in  cash)
     9  for  the  performance of the services described in paragraph (a) of this
    10  subdivision is directly related to sales or other output (including  the
    11  performance of services) rather than to the number of hours worked; and
    12    (c)  the  services performed by the person are performed pursuant to a
    13  written contract between  such  person  and  the  person  for  whom  the
    14  services  are performed, and such contract provides that person will not
    15  be treated as an employee with respect to such services for federal  tax
    16  purposes.
    17    §  2.  Subdivision  16  of section 511 of the labor law, as amended by
    18  chapter 102 of the laws of 2002, is amended to read as follows:
    19    16. Non-applicability  of  exclusions.  The  exclusions  described  in
    20  subdivisions  eight, nine, twelve, thirteen and fourteen of this section
    21  shall not apply to services performed for a  nonprofit  organization  as
    22  defined in section five hundred sixty-three or for a governmental entity
    23  as  defined in section five hundred sixty-five or for an Indian tribe as
    24  defined in section five hundred sixty-six of this article.   The  exclu-
    25  sions  described  in  subdivision twenty-three of this section shall not
    26  apply to  commercial  goods  transportation  services  performed  for  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13647-04-6