File #: Int 1016-2015    Version: * Name: Clarifying the protections for part-time, temporary, leased and seasonal workers and independent contractors under the human rights law.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Civil Service and Labor
On agenda: 12/7/2015
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to clarifying the protections for part-time, temporary, leased and seasonal workers and independent contractors under the human rights law and to that end repealing subdivision 23 of section 8-107 of such code
Sponsors: Brad S. Lander, Margaret S. Chin, Corey D. Johnson, Donovan J. Richards, Deborah L. Rose, Ydanis A. Rodriguez, Helen K. Rosenthal
Council Member Sponsors: 7
Summary: This bill would clarify which workers are protected by the City Human Rights Law. It would repeal the provision that provides that interns should be protected just as employees are protected, and instead defines the term employee to include, among others, interns. The bill would also clarify which independent contractors are protected by the Human Rights Law, and how to determine whether an employer has four or more employees (which triggers some of the obligations of the City Human Rights Law). Finally, this bill would make explicit that part-time, temporary, leased and seasonal workers are covered by the City Human Rights Law.
Indexes: Oversight
Attachments: 1. Summary of Int. No. 1016, 2. December 7, 2015 - Stated Meeting Agenda with Links to Files
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2017*Brad S. Lander City Council Filed (End of Session)  Action details Meeting details Not available
1/18/2017*Brad S. Lander City Council Re-referred to Committee by Council  Action details Meeting details Not available
12/7/2015*Brad S. Lander City Council Referred to Comm by Council  Action details Meeting details Not available
12/7/2015*Brad S. Lander City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1016

 

By Council Members Lander, Chin, Johnson, Richards, Rose, Rodriguez and Rosenthal

 

A Local Law to amend the administrative code of the city of New York, in relation to clarifying the protections for part-time, temporary, leased and seasonal workers and independent contractors under the human rights law and to that end repealing subdivision 23 of section 8-107 of such code

 

Be it enacted by the Council as follows:

 

Section 1.  Subdivision 5 of section 8-102 of the administrative code of the city of New York, as amended by local law number 63 for the year 2015, is amended to read as follows:

5. For purposes of subdivisions one, two, three, eleven-a, twenty-two, subparagraph one of paragraph a of subdivision twenty-one, and paragraph e of subdivision twenty-one of section 8-107 of this chapter, the term "employer" does not include any employer with fewer than four persons in his or her employ[. For purposes of this subdivision, natural], and a person for purposes of that calculation includes:

a. Natural persons employed as independent contractors to carry out work in furtherance of an employer's business enterprise who are not themselves employers[ shall be counted as persons in the employ of such employer.]; and

b. The employer’s parent, spouse, domestic partner, or child if he or she is employed by the employer.

§ 2. Section 8-102 of the administrative code of the city of New York is amended by adding a new subdivision 30 to read as follows:

30. The term “employee” includes:

a. Interns;

b. Part-time, temporary, leased or seasonal workers; and

c. Natural persons employed as independent contractors to carry out work in furtherance of an employer’s business enterprise who are not themselves employers.

§ 3. Subdivision 23 of section 8-107 of the administrative code of the city of New York, as added by local law number 9 for the year 2014, is REPEALED.

§ 4. Paragraph f of subdivision 1 of section 8-107 of the administrative code of the city of New York, as amended by local law number 27 for the year 1998, is amended to read as follows:

(f) The provisions of this subdivision shall not govern the employment by an employer of his or her parents, spouse, domestic partner, or children[; provided, however, that such family members shall be counted as persons employed by an employer for the purposes of subdivision five of section 8-102 of this chapter].

§ 5. This local law takes effect one year after it becomes law.

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11/9/2015 5:04 PM