Bill > A08058

This bill amends the labor law to modify the definition of "employee" specifically for the purposes of paid sick leave provisions. The bill introduces a three-part test that employers must demonstrate to exclude a worker from being classified as an employee eligible for paid sick leave: first, the worker must be free from the hiring entity's control and direction both contractually and in actual practice; second, the worker must perform work outside the usual course of the hiring entity's business; and third, the worker must be customarily engaged in an independently established trade, occupation, or business that is similar to the work being performed. This change appears to be aimed at clarifying the classification of workers, particularly in the context of independent contractors and gig economy workers, by providing specific criteria that must be met for a worker to be excluded from paid sick leave protections. The bill is set to take effect on the first of January following its passage, and state agencies are authorized to prepare necessary regulations in advance of the effective date.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/A8058