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With regards to our commitment to keeping you in the know, this blog is titled “Employer Coverage under the New York Professional Employer Act” and is part V of our new series “Employer Coverage under Major New York’s Labor & Employment Laws.” In Part IV, we hammered on employer coverage under the New York Family Leave Law and mentioned that unlike under the New York Equal Pay Act, where there is no applicable state law that governs who should be included or considered an exempted employee, several categories of individuals have been exempted as employees under this statute. These individuals include (1) independent contractors, (2) individual(s) receiving or taking part in rehabilitative services in a sheltered workshop run by an educational, charitable, or religious institution, or a person getting charitable help from any of these institutions, (3) a teacher or professional in an educational, charitable, or religious institution, (4) certain members of a religious order, (5) minor child/children or spouse of the employer, (6) certain media sales representatives, (7) certain licensed real estate sales or broker associate(s), casual employees, (8) farm laborers, (9) certain corporate officers, and (10) director(s) of a corporation playing the role of director(s) only.

At this point, we now shift gears to hammer on employer coverage under the New York Professional Employer Act, N.Y. Lab. Law §§ 915 et seq.

Employer Coverage under the New York Professional Employer Act, N.Y. Lab. Law §§ 915 et seq.

  1. Exemptions

Pursuant to N.Y. Lab. Law § 916(4), the New York Professional Employer Act temporary help firms and employment agencies are excluded from coverage.

  1. Types of Employers Covered

Pursuant to N.Y. Lab. Law § 916(2), a professional employer organization under coverage is a corporation, partnership, company, association, an individual, or any other form of a legally recognized entity whose business is relating to clients through professional employer agreements.

  1. How to Calculate the Required Number of Employees

Under this statute, there is no applicable state law that governs how the required number of employees should be calculated.

  1. Minimum Count of Employees Required to Trigger Employer Coverage

Finally, there is no applicable state law that governs the minimum number of employees required to bring an employer under coverage.

In Part VI of this series, we will move this discussion forward by hammering on “Employer Coverage under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN), N.Y. Lab. Law §§ 860 et seq.” in which we will discuss key issues regarding exemptions to the definition of “employee” and “employer,” the types of employers covered, how to calculate the number of employees as required, and the count of employees needed to bring employers under coverage under this statute.

As usual, stay tuned for more legal guidance, training, and education.

In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.