New York bill S03900 amends the labor law to clarify the definition of a commission salesperson, adding factors such as not being free to work at.
New York bill S03900 amends the labor law to clarify the definition of a commission salesperson. The bill specifies that a commission salesperson is any employee whose principal activity is selling goods, wares, merchandise, services, real estate, securities, insurance, or any article or thing, and whose earnings are based in whole or in part on commissions. The bill adds additional factors to the definition, including not being free to work at their own convenience or discretion, being constrained to a fixed schedule, not being free to engage in other employment, and being on the employer's.
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