New York 2025-2026 Regular Session

New York Senate Bill S03487

Introduced
1/28/25  
Refer
1/28/25  

Caption

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

Summary

Bill S03487 amends the New York labor law and workers' compensation law to clarify the employee status of individuals providing labor or services for remuneration. The bill establishes specific criteria that must be met for a person to be classified as an independent contractor rather than an employee. These criteria include the individual's freedom from control by the hiring entity, the performance of work outside the usual course of the hiring entity's business, and the individual's engagement in an independently established trade or business similar to the work performed.

Impact

The passage of this bill would significantly impact the classification of workers in New York, potentially expanding the number of individuals considered employees under state law. This change could lead to increased protections and benefits for many workers, including access to workers' compensation and other labor rights. The bill aims to address the growing concern over misclassification of workers, particularly in industries where gig and freelance work is prevalent.

Sentiment

The sentiment surrounding Bill S03487 appears to be supportive among labor advocates who argue that it provides necessary protections for workers. However, there may be concerns from business groups regarding the implications of reclassifying many independent contractors as employees, which could increase operational costs and regulatory burdens.

Contention

Notable points of contention include the potential economic impact on businesses that rely heavily on independent contractors. Critics argue that the bill could lead to unintended consequences, such as reduced flexibility for workers and increased costs for employers. Proponents, on the other hand, emphasize the need for worker protections and the importance of ensuring fair treatment for all individuals providing labor.

Companion Bills

No companion bills found.

Previously Filed As

NY S02052

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

NY A02085

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

NY A00866

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

NY S863

Revises factors for determining employment or independent contractor status under certain State labor laws.

NY HB5007

Employment security: administration; determination of whether services performed by an individual are employment; modify. Amends sec. 42 of of 1936 (Ex Sess) PA 1 (MCL 421.42).

NY A11492

Provides criteria for determining whether an individual is a transient occupant

NY S10464

Provides criteria for determining whether an individual is a transient occupant when determining whether a landlord-tenant relationship exists.

NY HB5001

Employment security: benefits; remuneration provision; modify formula. Amends sec. 27 of 1936 (Ex Sess) PA 1 (MCL 421.27).

NY S04394

Establishes criteria for the use of automated employment decision tools; provides for enforcement for violations of such criteria.

NY HB6861

Consolidating Veteran Employment Services for Improved Performance Act

Similar Bills

No similar bills found.