N.Y. Workers' Compensation Law Section 202
Covered employer


1.

An employer who has in employment, after June thirtieth, nineteen hundred sixty-one, one or more employees on each of at least thirty days in any calendar year, shall be a covered employer subject to the provisions of this article from and after January first, nineteen hundred sixty-two, or the expiration of four weeks following the thirtieth day of such employment, whichever is the later.

2.

The provisions of subdivision one of this section shall not apply to an employer of personal or domestic employees in a private home, except an employer shall become 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 twenty hours per week for such employer and are employed on each of at least thirty days in any calendar year.

3.

A covered employer, except as otherwise provided herein, shall continue to be a covered employer until the end of any calendar year in which he shall not have employed in employment one or more employees on each of thirty days, and shall have duly filed with the chairman satisfactory evidence thereof. A covered employer of employees in personal or domestic service in a private home shall continue to be a covered employer until the end of any calendar year in which he shall not have employed in such service one or more employees for at least forty hours per week and on each of at least thirty days, and shall have duly filed with the chairman satisfactory evidence thereof.

4.

An employer who by operation of law becomes successor to a covered employer, or who acquires by purchase or otherwise the trade or business of a covered employer, shall immediately become a covered employer.

5.

Whenever an employee of a covered employer, with the consent of the employer, engages or permits another to do any work in employment for which the employee is employed, the employer shall be deemed for the purpose of this article to be the employer also of such other person, regardless of whether the employee or the employer pays for his service.

Source: Section 202 — Covered employer, https://www.­nysenate.­gov/legislation/laws/WKC/202 (updated Dec. 31, 2021; accessed Apr. 20, 2024).

200
Short title
201
Definitions
202
Covered employer
203
Employees eligible for benefits under section two hundred four of this article
203‑A
Retaliatory action prohibited for family leave
203‑B
Reinstatement following family leave
203‑C
Health insurance during family leave
204
Disability and family leave during employment
205
Disabilities, family leave and periods for which benefits are not payable
206
Non-duplication of benefits
207
Disability while unemployed
208
Payment of disability and family leave benefits
209
Contribution of employees for disability and family leave benefits
210
Employer contributions
211
Provision for payment of benefits
212
Voluntary coverage
212‑A
Notwithstanding the definition of “employer” and “employment” set forth in section two hundred one of this article and the requirement fo...
212‑B
Public employees
213
Non-compliance or default
214
Special fund for disability benefits
215
Commissioner of taxation and finance custodian of fund
216
Disposition of uncommitted balance of employees’ contributions
217
Notice and proof of claim
218
Disability benefit rights inalienable
219
Enforcement of payment in default
220
Penalties
221
Determination of contested claims for disability and family leave benefits
222
Technical rules of evidence or procedure not required
223
Modification of board decisions or orders
224
Appeals
225
Fees for representing employees
226
The insurance contract
227
Actionable injuries in claims for disability benefits
228
Administrative expenses
229
Posting of notice and providing of notice of rights
230
Destruction of records
231
Subpoenas
232
Fees for testimony of physicians, podiatrists, chiropractors, dentists, psychologists and health care providers
233
Inspection of records of employers
234
Disclosures prohibited
235
Exemptions
236
Disposition of accrued benefits upon death
237
Reimbursement for advance payments by employers
238
Payments to minors
239
Representation before the board
240
Non-liability of state
241
Application of other provisions of chapter
242
Separability of provisions

Accessed:
Apr. 20, 2024

Last modified:
Dec. 31, 2021

§ 202’s source at nysenate​.gov

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