A 8058: Requires employees have access to paid sick leave unless their employer demonstrates a certain set of conditions for their contract.

  
  STATE OF NEW YORK ________________________________________________________________________ 8058 2025-2026 Regular Sessions  IN ASSEMBLY April 22, 2025 ___________ Introduced by M. of A. RAGA -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to requiring certain workers have access to paid sick leave 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 190 of the labor law, as amended 2 by chapter 391 of the laws of 2024, is amended to read as follows: 3 2. "Employee" means any person employed for hire by an employer in any 4 employment, but with respect to the entirety of this article, except 5 sections one hundred ninety-three, one hundred ninety-six-b, one hundred 6 ninety-eight, and one hundred ninety-eight-b, shall not include any 7 person who has entered into a contract to play baseball at the minor 8 league level and who is compensated pursuant to the terms of a collec- 9 tive bargaining agreement that expressly provides for the wages, hours 10 of work, and working conditions of employees. For the purposes of 11 section one hundred ninety-six-b of this article, "employee" means any 12 person providing labor or services to an employer unless such employer 13 demonstrates each of the following conditions are satisfied: 14 a. the person is free from the control and direction of the hiring 15 entity in connection with the performance of the work, both under the 16 contract for the performance of the work and in fact. 17 b. the person performs work that is outside the usual course of the 18 hiring entity's business. 19 c. the person is customarily engaged in an independently established 20 trade, occupation, or business of the same nature as that involved in 21 the work performed. 22 § 2. This act shall take effect on the first of January next succeed- 23 ing the date on which it shall have become a law. Effective immediately, 24 the addition, amendment and/or repeal of any rule or regulation neces- 25 sary for the implementation of this act on its effective date are 26 authorized to be made and completed on or before such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10418-01-5