NY A02085

Establishes a presumption that individuals providing labor or services for remuneration are employees unless the hiring entity demonstrates all three conditions: (1) the person is free from control and direction in performing the work, (2) the work is outside the usual course of the hiring entity's business, and (3) the person is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

Applies the employee status presumption to the Labor Law sections covering minimum wage (section 160), overtime exemptions (section 651), and workers' compensation law (section 201), replacing previous independent contractor classifications.

Maintains existing exemptions for specific occupations including agent-drivers distributing goods, professional musicians and performing artists, construction industry workers, commercial goods transportation workers, traveling salesmen, and professional models.

Shifts the burden of proof to hiring entities to affirmatively demonstrate independent contractor status rather than requiring workers to prove employee status.

Takes effect immediately upon enactment.