Amendments To NYC Law Would Codify The ABC Test

Wrapped up in the New York City Council's sweeping new legislative package, dubbed the "NYC Essential Workers Bill of Rights," is Introductory Bill No. 1926 (Int. No. 1926). Int. No. 1926 would expand New York City's Earned Sick and Safe Time Act (ESSTA) to cover many workers currently classified as independent contractors by introducing the so-called "ABC" test for determining who is an independent contractor and thus excluded from ESSTA coverage. The "ABC" test for determining independent contractor status is much more restrictive than the common law test traditionally used in New York, and therefore results in fewer workers being classified as contractors, and more classified as employees.