Bill Text: NY S04296 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to clarifying the definition of a commission salesperson; adds additional factors to the definition of a commission salesperson including not being free to work at his or her own convenience or discretion, being constrained to a fixed schedule, not being free to engage in other employment and being on the employer's payroll and receiving fringe benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-06 - REFERRED TO LABOR [S04296 Detail]

Download: New_York-2019-S04296-Introduced.html

                STATE OF NEW YORK
                               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 Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 6 of section 190 of the labor law, as added  by
     2  chapter 548 of the laws of 1966, is amended to read as follows:
     3    6. "Commission salesman" means any employee (a) whose principal activ-
     4  ity  is  the  selling  of  any goods, wares, merchandise, services, real
     5  estate, securities, insurance or any article or thing and whose earnings
     6  are based in whole or in part on commissions, (b) not free  to  work  at
     7  his  or  her  own  convenience or discretion, (c) constrained to a fixed
     8  schedule, (d) not free to engage in other  employment  and  (e)  on  the
     9  employer's  payroll  and  receives fringe benefits. The term "commission
    10  salesman" does not include an employee whose principal activity is of  a
    11  supervisory, managerial, executive or administrative nature.
    12    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.