Transporation Committee Update
January 26, 2012

The New York State Commercial Goods Transportation Industry Fair Play Act, A.8997/S.6267, was recently introduced in both the state Assembly and Senate by Assemblyman Keith Wright and Senator Martin Golden.

If you pay commercial vehicle drivers who possess a New York State commercial driver's license to transport goods for you in New York State, you would be affected by this proposal if enacted.

Like its cousin, the Construction Industry Fair Play Act enacted in 2010, this bill would presume that any driver who transports goods for you is an employee. Independent Contractors could avoid the “employee” classification by meeting a number of criteria contained in the bill. With the high number of self employed transportation independent contractors in New York, this bill would have a major impact on not only the transportation industry but other industries that use transportation independent contractors as well.

We are examining this bill along with our association partners and formulating a legislative memo.

In the meantime, we'd ask that you look over the bill and sponsor's memo and pass along your comments.

To view the bill and sponsor's memo, please click here.