The Business Council of New York State opposes the above referenced legislation that enacts The New York State Construction Fair Play Act. Part SS of the Assembly Budget Article VII bill (A.9706-B) creates the presumption that all workers at a construction site are employees.

Part SS of the Assembly Budget Article VII bill (A.9706-B) establishes a presumptive three part test in the construction industry that would destroy the independent contractor status for many workers. Under the proposed three part test any person performing services for a contractor or subcontractor shall be classified as an employee unless all of the following criteria are met: (a) the individual is free from control and direction in performing the job, both under his or her contract and in fact; (b) the service must be performed outside the usual course of business for which the service is performed; and (c) the individual is customarily engaged in an independently established trade, occupation, profession, or business that is similar to the service at issue.

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