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Albany, NY (WorkersCompensation.com) -- What's an "employer" for purposes of New York workers' compensation law?
Here's how Empire State law defines it.
| Covered Employer |
| > An employer who has had in employment one or more employees on each of at least 30 days in any calendar year, becomes a covered employer after the expiration of four weeks following the 30th day of such employment. If an employer has two or more employments, the employer's status shall be determined separately with respect to each such employment. The “30 days” referred to in this section are not necessarily consecutive days, but each day worked within a calendar year, whether all or part of such day is worked, shall be considered a day. > An employer of personal or domestic employees in a private home becomes a covered employer from and after the expiration of four weeks following the employment of one or more personal or domestic employees who work for a minimum of 20 hours per week for such employer and are employed on each of at least 30 days in any calendar year. > A substitute or relief employee regularly in employment substituting or relieving another employee who is temporarily absent shall not be counted in her capacity of substitute or relief employee as an additional employee in determining whether the employer is a covered employer. > An employee who has filed or is eligible to file a waiver of benefits shall nevertheless be counted as an employee in determining whether the employer is a covered employer. |
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Workers' Comp 101: In Lashlee v. Pepsi-Cola Newburgh Bottling, 754 N.Y.S. 2d 102 (N.Y. App. Div. 2003), the court explained that "covered employer" referred to an employer who fell "within the purview of the Workers' Compensation Law" in New York. Thus, out-of-state and federal employers could not be considered to be covered within the meaning of the statute.
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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