New York City Council Header
File #: Int 0339-2018    Version: * Name: Expanding the definition of employer under the human rights law to provide protections for domestic workers.
Type: Introduction Status: Committee
Committee: Committee on Civil and Human Rights
On agenda: 1/31/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to expanding the definition of employer under the human rights law to provide protections for domestic workers
Sponsors: Deborah L. Rose, Helen K. Rosenthal, Diana Ayala , Antonio Reynoso, Carlos Menchaca, Bill Perkins, Carlina Rivera , Donovan J. Richards, Ben Kallos, Keith Powers , The Public Advocate (Mr. Williams), James G. Van Bramer, Brad S. Lander, Alicka Ampry-Samuel , Margaret S. Chin, Mark Levine, Adrienne E. Adams, Mathieu Eugene, Francisco P. Moya, Inez D. Barron, Laurie A. Cumbo, Andrew Cohen, Robert E. Cornegy, Jr., Mark Treyger, Daniel Dromm , Justin L. Brannan, Robert F. Holden
Council Member Sponsors: 27
Summary: Title 8 of the New York City Administrative Code prohibits various forms of discrimination in employment and protects a number of classes of people. Currently, employees of employers with fewer than four employees total are not protected by the prohibitions against discrimination in employment, apprentice training programs, religious observance in the employment context, unemployment status, disparate impact discrimination in the employment context, and unlawful discrimination against victims of domestic violence, sex offenses or stalking. Also, employees of employers with fewer than four employees total are not protected by the Pregnant Workers Fairness Act. This bill would change the definition of employer to provide these protections for domestic workers.
Attachments: 1. Summary of Int. No. 339, 2. Int. No. 339, 3. January 31, 2018 - Stated Meeting Agenda

Int. No. 339

 

By Council Members Rose, Rosenthal, Ayala, Reynoso, Menchaca, Perkins, Rivera, Richards, Kallos, Powers, the Public Advocate (Mr. Williams), Van Bramer, Lander, Ampry-Samuel, Chin, Levine, Adams, Eugene, Moya, Barron, Cumbo, Cohen, Cornegy, Treyger, Dromm, Brannan and Holden

 

A Local Law to amend the administrative code of the city of New York, in relation to expanding the definition of employer under the human rights law to provide protections for domestic workers

 

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 63 of 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[.], provided that the term “employer” does include any employer with one or more domestic workers, as defined in section 2(16) of the labor law, in his or her employ. For purposes of this subdivision, 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.

§ 2. This local law takes effect immediately.

 

ASB/JJD

LS 68/Int. 825-2015

LS 112

12/6/17