A bill described as codifying into law existing regulations to protect the rights of workers against misclassification was passed over several objections in the Senate Labor Committee last week. The controversial bill heads to another round of hearings and a full vote in a condensed lame duck rally before the end of a two-year session.

S-4204 (Sweeney)/A-5936 (Egan) was introduced to protect workers’ rights and misclassification, said Senate President Stephen Sweeney in a press release. It amends the existing test to determine whether a person is an employee or an independent contractor during an unemployment compensation or wage and hour claim. The ABC test, as it is called, requires that an individual meet all three prongs of the test in order to be considered an independent contractor; otherwise, the person is classified as an employee.

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