A taxi driver, operator or lessee is an employee unless such person is leasing a taxi from the owner of the taxi and the owner of the taxi personally, regularly drives the taxi an average of 40 or more hours a week. For the lessee to be considered an independent contractor, the owner-operator may not control, direct, supervise, or have the power to hire or fire such lessee.
For Workers Compensation purposes ONLY, any independent livery base in New York City, and Nassau and Westchester Counties must provide coverage for these drivers through membership in the Independent Livery Drivers Benefit Fund or by obtaining a full New York workers’ compensation insurance policy. Naturally, nonexempt office staff and dispatchers must also be covered by a full New York workers’ compensation insurance policy. WCL §2 [3 & 4], WCL §18-c. Coverage may be obtained by calling 718-361-9191.