Bill Text: NY A01007 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the labor law, in relation to allowing farm workers one day of rest each week and mandating the use of farm labor work agreements

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A01007 Detail]

Download: New_York-2009-A01007-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1007
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. DelMONTE -- Multi-Sponsored by -- M. of A. GIGLIO
         -- read once and referred to the Committee on Labor
       AN  ACT to amend the labor law, in relation to allowing farm workers one
         day of rest each week and mandating the use of farm labor work  agree-
         ments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 161 of the labor law is amended by
    2  adding a new third undesignated paragraph to read as follows:
    3    EVERY PERSON EMPLOYED AS A FARM LABORER  SHALL  BE  ALLOWED  AT  LEAST
    4  TWENTY-FOUR  CONSECUTIVE  HOURS  OF  REST  IN EACH AND EVERY CONSECUTIVE
    5  SEVEN DAY PERIOD. THIS REQUIREMENT SHALL NOT APPLY TO THE PARENT, CHILD,
    6  SPOUSE OR OTHER MEMBER OF THE EMPLOYER'S IMMEDIATE  FAMILY.  TWENTY-FOUR
    7  CONSECUTIVE HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH AS WEATH-
    8  ER  OR  CROP CONDITIONS, SHALL BE DEEMED TO CONSTITUTE THE REST REQUIRED
    9  BY THIS PARAGRAPH. NO PROVISION OF THIS PARAGRAPH SHALL PROHIBIT A  FARM
   10  LABORER  FROM  VOLUNTARILY REFUSING THE REST REQUIRED BY THIS PARAGRAPH.
   11  THIS PARAGRAPH SHALL NOT PROHIBIT A FARM LABORER FROM VOLUNTARILY REFUS-
   12  ING THE REST REQUIRED BY THIS PARAGRAPH.   THE TERM "FARM  LABOR"  SHALL
   13  INCLUDE  ALL SERVICES PERFORMED ON A FARM IN CONNECTION WITH CULTIVATING
   14  THE SOIL, OR IN CONNECTION WITH RAISING OR  HARVESTING  OF  AGRICULTURAL
   15  COMMODITIES,  INCLUDING THE RAISING, SHEARING, CARING FOR AND MANAGEMENT
   16  OF LIVESTOCK, POULTRY OR DAIRY.  EACH FARM EMPLOYER SHALL NOTIFY HIS  OR
   17  HER  FARM  LABORERS  OF THE TWENTY-FOUR CONSECUTIVE HOURS OF REST PERIOD
   18  REQUIRED BY THIS PARAGRAPH BY POSTING SUCH  PARAGRAPH  IN  A  DESIGNATED
   19  CENTRAL  POSTING  AREA  AND  BY INCLUDING SUCH PARAGRAPH WITHIN THE WORK
   20  AGREEMENT REQUIRED PURSUANT TO SECTION SIX HUNDRED SEVENTY-NINE OF  THIS
   21  CHAPTER.
   22    S  2.  Section  679  of the labor law is amended by adding a new third
   23  undesignated paragraph to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00890-01-9
       A. 1007                             2
    1    EVERY EMPLOYER SHALL KEEP A TRUE AND ACCURATE STATEMENT OF  THE  TERMS
    2  AND  CONDITIONS  OF  EMPLOYMENT  OR WORK AGREEMENT, EXECUTED BETWEEN THE
    3  AGRICULTURAL EMPLOYEE AND THE AGRICULTURAL EMPLOYER ON THE DATE OF  HIRE
    4  FOR  THE  PURPOSES OF NOTIFYING EACH EMPLOYEE, IN WRITING, OF THE CONDI-
    5  TIONS  OF EMPLOYMENT. SUCH AGREEMENT SHALL INCLUDE THE SPECIFIC LOCATION
    6  WHERE THE EMPLOYEE WILL WORK, THE TYPE OF  WORK  TO  BE  PERFORMED,  THE
    7  HOURS  FOR A STANDARD WORK WEEK AND WORK DAY, NOTIFICATION OF THE VOLUN-
    8  TARY TWENTY-FOUR HOURS OF CONSECUTIVE REST PERIOD, HOUSING ARRANGEMENTS,
    9  IF APPLICABLE, ANY ALLOWANCES, IF APPLICABLE, TO BE DEDUCTED  FOR  MEALS
   10  OR  LODGING,  THE  WAGE  RATE  TO  BE  PAID,  THE LIST OF BENEFITS TO BE
   11  PROVIDED BY THE EMPLOYER, THE APPROXIMATE PERIOD OF  EMPLOYMENT,  TRANS-
   12  PORTATION  ARRANGEMENTS, IF ANY, AND THE WORKERS' COMPENSATION INSURANCE
   13  CARRIER. A SAMPLE FORM SHALL BE PROVIDED BY  THE  COMMISSIONER  IN  BOTH
   14  ENGLISH AND SPANISH.
   15    S  3.  Subdivision  2  of  section  564 of the labor law is renumbered
   16  subdivision 3 and a new subdivision 2 is added to read as follows:
   17    2. EXCLUSION FROM COVERAGE. THE TERM  "EMPLOYMENT"  DOES  NOT  INCLUDE
   18  SERVICES  RENDERED  BY  AN  INDIVIDUAL  WHO  IS AN ALIEN ADMITTED TO THE
   19  UNITED STATES TO PERFORM AGRICULTURAL LABOR PURSUANT TO  8  USC  1184(C)
   20  AND  8 USC 1101(A)(15)(H) OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT
   21  IF, AT THE TIME SUCH SERVICES ARE RENDERED, THEY ARE EXCLUDED  FROM  THE
   22  DEFINITION  OF  EMPLOYMENT  AS PROVIDED IN 26 USC 3306(C) OF THE FEDERAL
   23  UNEMPLOYMENT TAX ACT.
   24    S 4. This act shall take effect immediately.