STATE OF NEW YORK
________________________________________________________________________
8035
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
___________
Introduced by M. of A. FALL, CRESPO -- (at request of the Department of
Labor) -- read once and referred to the Committee on Labor
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
