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 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. LBD10422-01-9