New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.78 - Executive order no. 78: establishing the governor's task force on independent contractors

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the classification of a worker as an employee or
					 an independent contractor has significant legal and policy ramifications both
					 for the State and for the parties to the work relationship, including
					 eligibility for unemployment insurance, workers' compensation and disability
					 insurance, and tax liability and flexibility to adopt business practices geared
					 to changing economic realities;
WHEREAS, employers face uncertainty in the proper
					 classification of workers because there is no statute, code, rule or regulation
					 that specifically identifies the factors or conditions constituting an
					 independent contractor relationship;
WHEREAS, employers must deal with several state agencies
					 with concurrent jurisdiction over this issue and these agencies sometimes
					 provide contradictory determinations;
WHEREAS, it is in the interest of the State to provide a
					 means by which workers are fairly categorized so that they do not suffer the
					 loss of rights or benefits resulting from the improper or misleading
					 classification of their status; and
WHEREAS, it is in the interest of the State to set forth a
					 comprehensive policy to end the confusion that has unfairly caused concern to
					 employers, employees and independent contractors;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby create the Governor's Task Force on
					 Independent Contractors. The Task Force shall consist of nine members and shall
					 include the Commissioner of Labor or his designee; the Commissioner of Taxation
					 and Finance or his designee; the Chairman of the Workers' Compensation Board or
					 his designee; the Director of the Governor's Office of Regulatory Reform or his
					 designee; the Executive Director of the State Insurance Fund or his designee;
					 two members appointed by the Governor upon recommendation of the New York State
					 AFL-CIO and two members appointed by the Governor upon recommendation of the
					 Business Council of New York State. The Task Force shall be chaired by the
					 Commissioner of Labor.
1. The Task
				  Force shall:
a. Identify and recommend
				  guidelines to provide clarity concerning the proper classification of workers
				  as independent contractors or employees;
b. Propose recommendations to achieve uniform
				  determination of independent contractor or employee status among the various
				  state agencies;
c. Ensure that any
				  recommendations are designed to continue the protections afforded legitimate
				  employees;
d. Receive and evaluate
				  information from labor unions, business groups and all other interested
				  parties; and e. Report to the Governor on or before December 31, 1998 with
				  legislative and regulatory proposals.