S 3900: Relates to clarifying the definition of a commission salesperson; adds additional factors to the definition of a commission salesperson including not being free to work at such employee's own convenience or discretion, being constrained to a fixed schedule, not being free to engage in other employment and being on the employer's payroll and receiving fringe benefits.

  
  STATE OF NEW YORK ________________________________________________________________________ 3900 2025-2026 Regular Sessions  IN SENATE January 30, 2025 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to clarifying the definition of a "commission salesperson" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 190 of the labor law, as added by 2 chapter 548 of the laws of 1966, is amended to read as follows: 3 6. "Commission [salesman] salesperson" means any employee (a) whose 4 principal activity is the selling of any goods, wares, merchandise, 5 services, real estate, securities, insurance or any article or thing and 6 whose earnings are based in whole or in part on commissions, (b) not 7 free to work at such employee's own convenience or discretion, (c) 8 constrained to a fixed schedule, (d) not free to engage in other employ- 9 ment and (e) on the employer's payroll and receives fringe benefits. The 10 term "commission [salesman] salesperson" does not include an employee 11 whose principal activity is of a supervisory, managerial, executive or 12 administrative nature. 13 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07356-01-5