-  This bill is not active in this session.
 

A06077 Summary:

BILL NOA06077A
 
SAME ASSAME AS S03291-A
 
SPONSORRajkumar
 
COSPNSRGriffin, Otis, Forrest, Barron
 
MLTSPNSR
 
Amd §202, Work Comp L
 
Relates to covered employment as a domestic worker for temporary disability benefits.
Go to top    

A06077 Actions:

BILL NOA06077A
 
03/09/2021referred to labor
03/16/2021reported
03/18/2021advanced to third reading cal.188
03/25/2021amended on third reading 6077a
04/21/2021passed assembly
04/21/2021delivered to senate
04/21/2021REFERRED TO LABOR
05/12/2021SUBSTITUTED FOR S3291A
05/12/20213RD READING CAL.363
05/12/2021PASSED SENATE
05/12/2021RETURNED TO ASSEMBLY
12/10/2021delivered to governor
12/22/2021signed chap.740
Go to top

A06077 Committee Votes:

LABOR Chair:Joyner DATE:03/16/2021AYE/NAY:21/8 Action: Favorable
JoynerAyeBrabenecNay
AbbateAyeDiPietroNay
PerryAyeByrneNay
ColtonAyeMorinelloNay
BenedettoAyeDeStefanoNay
HevesiAyeSchmittNay
BronsonAyeDursoNay
RodriguezAyeGiglioNay
RozicAye
SimonAye
SteckAye
BarnwellAye
RichardsonAye
RosenthalAye
CruzAye
ReyesAye
De La RosaAye
RamosAye
JacobsonAye
BurgosAye
ZinermanAye

Go to top

A06077 Floor Votes:

DATE:04/21/2021Assembly Vote  YEA/NAY: 101/48
AbbateYClarkYFrontusYLalorNOPaulinYSillittiY
AbinantiYColtonYGalefYLavineYPeoples-StokesYSimonY
AndersonYConradYGallagherYLawlerNOPerryYSimpsonNO
AngelinoNOCookYGallahanNOLemondesNOPheffer AmatoYSmithNO
AshbyNOCruzYGandolfoNOLunsfordYPichardoYSmullenNO
AubryYCusickYGiglio JANOLupardoYPretlowYSolagesY
BarclayNOCymbrowitzYGiglio JMNOMagnarelliYQuartYSteckY
BarnwellYDarlingYGlickYMamdaniYRaNOSternNO
BarrettYDavilaYGonzalez-RojasYManktelowNORajkumarYStirpeY
BarronYDe La RosaYGoodellNOMcDonaldYRamosYTagueNO
BenedettoYDeStefanoNOGottfriedYMcDonoughNOReillyNOTannousisNO
BichotteYDickensERGriffinYMcMahonYReyesYTaylorY
BlankenbushNODilanYGuntherYMeeksYRichardsonYThieleY
BrabenecNODinowitzYHawleyNOMikulinNORivera J YVanelY
BraunsteinYDiPietroNOHevesiYMiller B NORivera JDYWalczykNO
BronsonYDursoNOHunterYMiller MLNORodriguezYWalkerY
BrownNOEichensteinYHyndmanYMitaynesYRosenthal D YWallaceNO
BurdickYEnglebrightYJacksonYMontesanoYRosenthal L YWalshNO
BurgosYEpsteinYJacobsonYMorinelloNORozicYWeinsteinY
BurkeYFahyYJean-PierreYNiouYSalkaNOWeprinY
ButtenschonNOFallYJensenNONolanYSantabarbaraNOWilliamsY
ByrneNOFernandezYJonesNONorrisNOSayeghYWoernerNO
ByrnesNOFitzpatrickNOJoynerYO'DonnellYSchmittNOZebrowskiY
CahillYForrestYKellesYOtisYSeawrightYZinermanY
CarrollYFriendNOKimYPalmesanoNOSeptimoYMr. SpeakerY

Go to top

A06077 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6077A
 
SPONSOR: Rajkumar
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to covered employment as a domestic worker for temporary disability benefits   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make technical changes to Chapter 481 of the Laws of 2010 in order to effectuate the intent of the law.   SUMMARY OF PROVISIONS: Section one of the bill makes a technical amendment to Chapter 481 of the Laws of 2010, which enacted the Domestic Workers Bill of Rights. It would amend section 202(2)' of the Workers' Compensation Law to clarify that personal and domestic employees who work at least 20 hours per week and are employed on each of at least 30 days in any calendar year are covered under the Paid Family Leave and Temporary Disability Insurance programs. Section two of the bill sets forth the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version would modify the effective date from immediate to the first of January next succeeding the date on which it shall have become law.   JUSTIFICATION: In 2010, the Domestic Workers Bill of Rights granted new rights and protections to domestic workers in New York State, including overtime pay, a day of rest in each and every calendar week, protections against harassment under the Human Rights Law, and expanded eligibility for temporary disability benefits. However, due to a technical deficiency in such legislation, employers of domestic workers have not been legally required to provide the benefits that were intended for such workers as a result of such legislation. In fact, in a letter sent to then-Governor Paterson in August 2010, the Workers' Compensation Board indicated its support for this proposal and urged that this technical correction be made. In the years since, this error has been further exacerbated in the enactment of Paid Family Leave, as domestic workers have been required to work at least 40 hours per week in order to become eligible for the program while all other employees, including those in full-time, part- time, and seasonal positions, only need to work 20 hours per week to be eligible. This bill would clarify the original intent of the Domestic Workers Bill of Rights by providing that personal and domestic employees working in a private home, who work at least 20 hours per week for such employer and meet the duration of employment standard, are eligible for Paid Family Leave and temporary disability benefits under the Workers' Compensation Law.   PRIOR LEGISLATIVE HISTORY: 2020: A.1326 - Passed Assembly 2019: A.1326 - Advanced to Third Reading 2018: A.5758 - Ordered to Third Reading 2017: A.5758 - Advanced to Third Reading 2016: A.3504 - Ordered to. Third Reading 2015: A.3504 - Advanced to Third Reading 2014: A.6358 - Ordered to Third Reading 2013: A.6358 - Passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: The first of January next succeeding the date on which it shall have become law.
Go to top

A06077 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6077--A
                                                                Cal. No. 188
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 9, 2021
                                       ___________
 
        Introduced  by M. of A. RAJKUMAR, GRIFFIN, OTIS, FORREST, BARRON -- read
          once and referred to the Committee on Labor -- reported  from  commit-
          tee,  advanced  to  a  third  reading,  amended and ordered reprinted,
          retaining its place on the order of third reading

        AN ACT to amend the workers' compensation law, in  relation  to  covered
          employment as a domestic worker for temporary disability benefits
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 202 of the  workers'  compensation
     2  law, as amended by chapter 65 of the laws of 1983, is amended to read as
     3  follows:
     4    2.  The  provisions of subdivision one of this section shall not apply
     5  to an employer of personal or domestic  employees  in  a  private  home,
     6  except  an  employer  shall become a covered employer from and after the
     7  expiration of four  weeks  following  the  employment  of  one  or  more
     8  personal  or domestic employees who work for a minimum of [forty] twenty
     9  hours per week for such employer and are employed on each  of  at  least
    10  thirty days in any calendar year.
    11    §  2. This act shall take effect on the first of January next succeed-
    12  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.
                                                                   LBD09171-03-1
Go to top

A06077 LFIN:

 NO LFIN
Go to top

A06077 Chamber Video/Transcript:

3-22-21Video (@ 00:41:09)Transcript pdf Transcript html
3-25-21Video (@ 00:03:12)Transcript pdf Transcript html
Go to top