Bill Text: NY S06469 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Provides that, for purposes of the unemployment insurance law, the entity which pays an individual shall be the employer even if the work or services are performed for a different entity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-12-20 - signed chap.701 [S06469 Detail]

Download: New_York-2019-S06469-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6469

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 12, 2019
                                       ___________

        Introduced  by  Sen. RAMOS -- (at request of the Department of Labor) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Rules

        AN ACT to amend the labor law, in relation to the definition of employer
          for purposes of the unemployment insurance law

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

     1    Section 1. Section 512 of the labor law is amended  by  adding  a  new
     2  subdivision 4 to read as follows:
     3    4.  Whenever the commissioner determines that services performed by an
     4  individual constitute employment  but  the  supervision,  direction  and
     5  control are exercised by one or more entities, and one entity places the
     6  individual  with,  or  provides  the  individual  to,  another entity to
     7  perform the services, the  entity  that  pays  the  individual  for  the
     8  services shall be the employer under this article unless by contract the
     9  individual  is  specified to be the employee of another entity, in which
    10  case the other entity shall be the employer. Whenever such  employer  is
    11  replaced by another entity such replacement shall be considered a trans-
    12  fer  pursuant  to section five hundred eighty-one of this article.  This
    13  subdivision shall not apply to a payroll agency  that  the  commissioner
    14  determines provides payroll services on behalf of another employer.
    15    §  2. This act shall take effect on the first of January next succeed-
    16  ing the date on which it shall have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09255-01-9