NY S08210

Expands the definition of "employee" to include commission salespeople and any person receiving compensation for labor, while shifting the burden of proof to employers to demonstrate independent contractor status by clear and convincing evidence under Federal Fair Labor Standards Act standards

Establishes a new "independent contractor" definition requiring: freedom from direction and control, provision of own tools and equipment, operation of an inseparable business with full liability and ownership, complete management control, and the right to serve multiple entities at the individual's discretion

Creates a private right of action for misclassified employees to sue employers for violations within three years, with damages up to three times the actual amount plus attorney fees if misclassification was knowing

Modifies liquidated damages calculations from 25% to a 5% daily penalty on unpaid wages (capped at twice the unpaid amount), establishes retaliation protections with a 90-day presumption of retaliatory intent, and requires wage statements showing hours, earnings, and deductions on each payday

Enables employees to bring "Private Attorneys General" civil actions for wage violations independently of the Department of Labor, with 75% of recovered penalties funding labor enforcement and 25% going to aggrieved employees, after providing notice to the department

Makes corporate shareholders (the ten largest) jointly and severally liable for unpaid wages owed by private corporations not listed on national securities exchanges