Bill Text: NY S06215 | 2017-2018 | 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 - Dead) 2018-01-03 - REFERRED TO LABOR [S06215 Detail]
Download: New_York-2017-S06215-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6215 2017-2018 Regular Sessions IN SENATE May 11, 2017 ___________ 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. LBD11527-01-7