NY Lab L § 560 (2021)
2021 New York Laws LAB - Labor Article 18 - Unemployment Insurance Law Title 5 - Coverage 560 - Terms of Coverage.

§  560.  Terms  of  coverage.  1. Liability. Any employer shall become liable for contributions under this article if he has paid  remuneration of  three  hundred  dollars or more in any calendar quarter, except that liability with respect to  persons  employed  in  personal  or  domestic service  in private homes shall be considered separately and an employer shall become liable for contributions with respect to such persons  only if  he  has paid to them remuneration in cash of five hundred dollars or more in any calendar quarter.   Such liability for  contributions  shall commence on the first day of such calendar quarter.   An  employer  who,  by operation of law, purchase or otherwise becomes successor to an employer liable for contributions  shall  become  liable for contributions on the day of his succession. This provision shall not affect  such  successor's  liability  as otherwise prescribed by law for unpaid contributions due from his predecessor.   2. Hirings by helpers and assistants. Whenever any helper,  assistant, or  employee  of  an employer engages any other person in the work which said helper, assistant, or employee is  doing  for  the  employer,  such employer  shall  for  all purposes hereof be deemed the employer of such other person, whether such person is paid by the said helper, assistant, or employee, or by the employer, provided the employment has  been  with the knowledge, actual, constructive, or implied, of the employer.   3.  Tax  exemption  in  other laws. No exemption from taxation granted under any other law of the state shall be so construed as  to  apply  to the payment of contributions under this article.   4. Federal instrumentalities. (a) In conformity with subsection (b) of section  thirty-three  hundred five of the federal unemployment tax act, any instrumentality of the United States, except such as are  wholly  or partially  owned  by  the  United  States, or exempt from tax imposed by section thirty-three hundred one of said act by virtue of any  provision of  law, which specifically refers to such section, or the corresponding section of prior law, in granting such exemption, shall  be  subject  to all  the  provisions  of  this  article,  except  as provided in section fifty-two hundred forty of the revised statutes of the United States, as amended and modified by subsection (c) of section  thirty-three  hundred five of said act. If in any year this state shall not be certified under section  thirty-three  hundred  four  of  said  act,  any  contributions required under this article from any such instrumentality of the  United States  with  respect  to  such  year,  including  penalty  and interest collected with respect  thereto,  if  any,  shall  be  refunded  without interest.  (b)  In conformity with subsection (c) of section thirty-three hundred five of the federal unemployment tax act, the commissioner is authorized to transmit a copy of  any  return  or  report  of  a  national  banking association  relative to the association's employees, their remuneration and services, to the comptroller of the currency and to request the said comptroller of the currency to cause an examination of  the  correctness of  such  return or report to be made at the time of the next succeeding examination of such  association,  and  thereupon  to  transmit  to  the commissioner  a  complete  statement  of  his  findings  respecting  the accuracy of such returns or reports.  (c) This subdivision applies to national banking associations and  any other federal instrumentalities which would be immune from contributions required  under  this article without authorization by subsection (b) of section thirty-three hundred five of the federal unemployment tax act.   5.  Primary  liability  for  contributions.  Whenever   one   employer contracts with a second employer for any work which is part of the first employer's  usual trade, occupation, profession or enterprise, the first employer shall be liable for any contributions otherwise payable by  the  second  employer,  based upon wages paid in respect to such work, unless the second employer is free to do business with anyone who may  wish  to contract with him. Contributions so paid by the first employer on behalf of  the  second employer shall be deemed paid by the second employer. If the first  employer  fails  to  pay,  on  the  date  prescribed  by  the commissioner,  contributions  due  on wages paid by the second employer, the commissioner may collect such deficiency from the second employer.