NY S07709

Amends the workers' compensation law definition of "employee" to apply only to workers' compensation purposes and not to other statutes or provisions dependent on the employee definition.

Excludes musicians or performing artists who are executive officers of corporations from being classified as "employees" for workers' compensation coverage if they can establish they would not be employees under common law.

Establishes a five-factor test for determining employee status at common law: whether the worker (a) worked at their own convenience, (b) was free to engage in other employment, (c) received fringe benefits, (d) was on the employer's payroll, and (e) was on a fixed schedule.

Takes effect immediately and applies to all pending cases and proceedings not yet finally adjudicated.

Expires and is repealed 3 years after the effective date.