Bill Text: NY S04337 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 4337 (Prior Session Legislation)

Introduced

Bill Title: Includes individuals participating in an au pair program under the definition of domestic worker.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-02-09 - RECOMMIT, ENACTING CLAUSE STRICKEN [S04337 Detail]

Download: New_York-2021-S04337-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          4337

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 3, 2021
                                       ___________

        Introduced  by  Sen.  RAMOS  -- 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 including au pair  workers
          under the definition of domestic worker

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

     1    Section 1. Subdivision 16 of section 2 of the labor law, as  added  by
     2  chapter 481 of the laws of 2010, is amended to read as follows:
     3    16.  "Domestic worker" shall mean a person employed in a home or resi-
     4  dence for the purpose of caring for a child, serving as a companion  for
     5  a  sick,  convalescing or elderly person, housekeeping, or for any other
     6  domestic service purpose, including any individual participating  in  an
     7  au pair program subject to regulations under United States Department of
     8  State's  Exchange  Visitor  Program,  22 C.F.R. 62.31. "Domestic worker"
     9  does not include any individual (a) working on a casual basis,  (b)  who
    10  is  engaged in providing companionship services, as defined in paragraph
    11  fifteen of subdivision (a) of section 213 of the  fair  labor  standards
    12  act of 1938, and who is employed by an employer or agency other than the
    13  family  or household using his or her services, or (c) who is a relative
    14  through blood, marriage or adoption of: (1) the  employer;  or  (2)  the
    15  person for whom the worker is delivering services under a program funded
    16  or administered by federal, state or local government.
    17    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02227-01-1