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File #: Int 0136-2018    Version: Name: Protections for workers under the city’s human rights law.
Type: Introduction Status: Enacted
Committee: Committee on Civil and Human Rights
On agenda: 1/31/2018
Enactment date: 10/13/2019 Law number: 2019/172
Title: A Local Law to amend the administrative code of the city of New York, in relation to protections for workers under the city's human rights law
Sponsors: Brad S. Lander, Helen K. Rosenthal, Deborah L. Rose, Margaret S. Chin, Justin L. Brannan, Ben Kallos, Antonio Reynoso, Keith Powers , James G. Van Bramer, Diana Ayala , Carlos Menchaca, Bill Perkins, Carlina Rivera , Donovan J. Richards, Stephen T. Levin, The Public Advocate (Mr. Williams), Alicka Ampry-Samuel , Mark Levine, Adrienne E. Adams, Laurie A. Cumbo, Rafael L. Espinal, Jr.
Council Member Sponsors: 20
Summary: This bill would clarify which workers are protected by the City Human Rights Law. In particular, the bill would clarify how to determine whether an employer has four or more employees (which triggers some of the obligations of the City Human Rights Law) and that an employer’s parent, spouse, domestic partner or child if employed by an employer are included as in the employ of such employer. This bill would make explicit that section 8-107(23) applies to freelancers and independent contractors.
Indexes: Oversight
Attachments: 1. Summary of Int. No. 136-A, 2. Summary of Int. No. 136, 3. Int. No. 136, 4. January 31, 2018 - Stated Meeting Agenda, 5. Committee Report 6/18/18, 6. Hearing Testimony 6/18/18, 7. Hearing Transcript 6/18/18, 8. Proposed Int. No. 136-A - 9/5/19, 9. Committee Report 9/12/19, 10. Hearing Transcript 9/12/19, 11. September 12, 2019 - Stated Meeting Agenda with Links to Files, 12. Hearing Transcript - Stated Meeting 9-12-19, 13. Minutes of the Stated Meeting - September 12, 2019, 14. Int. No. 136-A (FINAL), 15. Fiscal Impact Statement, 16. Legislative Documents - Letter to the Mayor, 17. Local Law 172
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/15/2019ABrad S. Lander City Council Returned Unsigned by Mayor  Action details Meeting details Not available
10/13/2019ABrad S. Lander Administration City Charter Rule Adopted  Action details Meeting details Not available
9/12/2019ABrad S. Lander City Council Sent to Mayor by Council  Action details Meeting details Not available
9/12/2019ABrad S. Lander City Council Approved by CouncilPass Action details Meeting details Not available
9/12/2019*Brad S. Lander Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
9/12/2019*Brad S. Lander Committee on Civil and Human Rights Amendment Proposed by Comm  Action details Meeting details Not available
9/12/2019*Brad S. Lander Committee on Civil and Human Rights Amended by Committee  Action details Meeting details Not available
9/12/2019ABrad S. Lander Committee on Civil and Human Rights Approved by CommitteePass Action details Meeting details Not available
6/18/2018*Brad S. Lander Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
6/18/2018*Brad S. Lander Committee on Civil and Human Rights Laid Over by Committee  Action details Meeting details Not available
1/31/2018*Brad S. Lander City Council Referred to Comm by Council  Action details Meeting details Not available
1/31/2018*Brad S. Lander City Council Introduced by Council  Action details Meeting details Not available

Int. No. 136-A

 

By Council Members Lander, Rosenthal, Rose, Chin, Brannan, Kallos, Reynoso, Powers, Van Bramer, Ayala,  Menchaca, Perkins, Rivera, Richards, Levin, the Public Advocate (Mr. Williams), Ampry-Samuel, Levine, Adams, Cumbo and Espinal

 

A Local Law to amend the administrative code of the city of New York, in relation to protections for workers under the city’s human rights law

 

Be it enacted by the Council as follows:

 

Section 1. Section 8-102 of the administrative code of the city of New York, as amended by local law 98 for the year 2018, is amended to read as follows:

                     Employer. For purposes of subdivisions 1, 2, 3, 11-a, and 22, subparagraph 1 of paragraph a of subdivision 21, [and] paragraph e of subdivision 21 and subdivision 23 of section 8-107, the term "employer" does not include any employer [with] that has fewer than four persons in the employ of such employer at all times during the period beginning twelve months before the start of an unlawful discriminatory practice and continuing through the end of such unlawful discriminatory practice, provided however, that in an action for unlawful discriminatory practice based on a claim of gender-based harassment pursuant to subdivision one of section 8-107, the term "employer" shall include any employer, including those with fewer than four persons in their employ. For purposes of this definition, (i) natural persons [employed as independent contractors to carry out work] working as independent contractors 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 (ii) the employer’s parent, spouse, domestic partner or child if employed by the employer are included as in the employ of such employer.

§ 2. Paragraph (f) of subdivision 1 of section 8-107 of the administrative code of the city of New York, as amended local law 63 for the year 2018, is amended to read as follows:

(f) The provisions of this subdivision [shall] do not govern the employment by an employer of the employer’s 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 the definition of employer set forth in section 8-102.

§ 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 amended to read as follows:

23. Additional provisions relating to employment. The [provisions]protections of this chapter relating to employees [shall] apply to interns, freelancers and independent contractors.

§ 4. This local law takes effect 90 days after it becomes law.

 

MN/JJ/HKA/BAM

LS #4450/Int. 1016-2015

LS #355 9/4/2019 4:26 p.m.