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A08035 Text:

                STATE OF NEW YORK
                               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.
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