NY A00866

Establishes an "ABC test" requiring hiring entities to prove three conditions to classify a worker as an independent contractor rather than an employee: the worker is free from control and direction, performs work outside the hiring entity's usual business, and is customarily engaged in an independent trade or business of the same nature

Places the burden of proof on the hiring entity to demonstrate all three conditions are met; failure to prove any condition results in the worker being classified as an employee

Applies the new employee classification standard across multiple areas of labor law including unemployment insurance (Labor Law §511), hours of labor (Labor Law §160), minimum wage provisions (Labor Law §651), and workers' compensation (Workers' Compensation Law §201)

Preserves existing classification rules for specific categories including agent-drivers, performing artists, construction workers, commercial goods transportation workers, traveling salespersons, and professional models

Takes effect immediately upon passage