Bill Text: NY A01867 | 2009-2010 | General Assembly | Amended
Bill Title: Enacts the farmworkers fair labor practices act: grants collective bargaining rights to farm laborers; requires employers of farm laborers to allow at least 24 consecutive hours of rest each week; provides for an 8 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate; makes provisions of unemployment insurance law applicable to farm laborers; defines "work agreement" and mandates use thereof; provides sanitary code shall apply to all farm and food processing labor camps intended to house migrant workers, regardless of the number of occupants; provides for eligibility of farm laborers for workers' compensation benefits; requires employers of farm laborers to provide such farm laborers with claim forms for workers' compensation claims under certain conditions; requires reporting of injuries to employers of farmworkers.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Engrossed - Dead) 2010-01-25 - amended on third reading (t) 1867b [A01867 Detail]
Download: New_York-2009-A01867-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1867--B
Cal. No. 170
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. NOLAN, MILLMAN, BARRON, LANCMAN, GOTTFRIED,
DenDEKKER, O'DONNELL, MAISEL, CASTRO, P. RIVERA, ENGLEBRIGHT, LIFTON,
ORTIZ, PERRY, COOK, SCARBOROUGH -- Multi-Sponsored by -- M. of A.
BRENNAN, GLICK, HEASTIE, MAYERSOHN, MENG, PERALTA, PHEFFER, TOWNS,
WEISENBERG -- read once and referred to the Committee on Labor --
reported from committee, advanced to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
-- again amended on third reading, ordered reprinted, retaining its
place on the order of third reading
AN ACT to amend the labor law, in relation to allowing farm workers one
day of rest each week, and including farm laborers within the
provisions pertaining to overtime compensation and unemployment insur-
ance, and regulating the farm employment of certain employees whose
earning capacity is affected or impaired by youth or age, and granting
collective bargaining rights to certain farm laborers and establishing
an advisory committee on collective bargaining; to amend the public
health law, in relation to the application of the sanitary code to all
farm and food processing labor camps for migrant workers; and to amend
the workers' compensation law, in relation to the eligibility of farm
laborers for disability benefits and the provision of claim forms to
farm laborers injured in the course of employment and in relation to
service as farm laborers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "Farmwork-
2 ers Fair Labor Practices Act".
3 S 2. Section 2 of the labor law is amended by adding a new subdivision
4 16 to read as follows:
5 16. "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED IN AGRICULTURAL
6 EMPLOYMENT IN CONNECTION WITH CULTIVATING THE SOIL, OR IN CONNECTION
7 WITH RAISING OR HARVESTING OF AGRICULTURAL COMMODITIES, INCLUDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01159-15-0
A. 1867--B 2
1 SERVICES PERFORMED ON ORCHARDS, PLANTATIONS, NURSERIES AND GREENHOUSES,
2 AND SHALL INCLUDE THE RAISING, HATCHING, SHEARING, CARING FOR AND
3 MANAGEMENT OF LIVESTOCK, POULTRY, DAIRY, BEES AND FUR-BEARING ANIMALS,
4 AND SHALL INCLUDE THE HARVESTING OR PRODUCTION OF MAPLE SYRUP OR MAPLE
5 SUGAR, AND SHALL INCLUDE THE OPERATION AND MAINTENANCE OF FARM EQUIPMENT
6 AND IMPROVEMENT OR MAINTENANCE OF FARM WATER USE AREAS, AND SHALL
7 INCLUDE THE PLANTING, DRYING, PACKAGING OR OTHER PROCESSING OF ANY AGRI-
8 CULTURAL OR HORTICULTURAL COMMODITY RAISED ON THE EMPLOYER'S FARM. THE
9 TERM "FARM LABOR" SHALL NOT INCLUDE SERVICES PERFORMED IN CONNECTION
10 WITH COMMERCIAL CANNING, FREEZING, GRADING OR OTHER PROCESSING OF ANY
11 AGRICULTURAL OR HORTICULTURAL COMMODITY NOT RAISED ON THE EMPLOYER'S
12 FARM. THIS PARAGRAPH SHALL NOT APPLY TO THE PARENT, CHILD, SPOUSE OR
13 OTHER MEMBER OF THE EMPLOYER'S FAMILY RELATED BY THE THIRD DEGREE OF
14 CONSANGUINITY OR AFFINITY.
15 S 3. Subdivision 1 of section 161 of the labor law is amended by
16 adding a new undesignated paragraph to read as follows:
17 EVERY PERSON EMPLOYED AS A FARM LABORER SHALL BE ALLOWED AT LEAST
18 TWENTY-FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CALENDAR WEEK. A
19 FARM LABORER MAY CONSENT IN WRITING TO WAIVE THIS RIGHT AND WORK ON THE
20 DAY OF REST, PROVIDED THAT HE OR SHE SHALL BE PAID AS PROVIDED UNDER
21 SECTION ONE HUNDRED SIXTY-THREE-A OF THIS TITLE. THIS PARAGRAPH SHALL
22 NOT APPLY TO THE PARENT, CHILD, SPOUSE OR OTHER MEMBER OF THE EMPLOYER'S
23 FAMILY RELATED BY THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY. TWEN-
24 TY-FOUR CONSECUTIVE HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH
25 AS WEATHER OR CROP CONDITIONS, SHALL BE DEEMED TO CONSTITUTE THE REST
26 REQUIRED BY THIS PARAGRAPH. THE DAY OF REST SHOULD BE THE SAME AS THE
27 TRADITIONAL DAY RESERVED BY THE FARM LABORER FOR RELIGIOUS WORSHIP,
28 WHENEVER POSSIBLE.
29 S 4. Paragraphs b and d of subdivision 2 of section 161 of the labor
30 law, as amended by chapter 281 of the laws of 1941, are amended to read
31 as follows:
32 b. Employees in [dairies, creameries,] milk condenseries, milk powder
33 factories, milk sugar factories, milk shipping stations, butter and
34 cheese factories, ice cream manufacturing plants and milk bottling
35 plants, where not more than seven persons are employed;
36 d. Employees whose duties include not more than three hours' work on
37 Sunday in setting sponges in bakeries, [caring for live animals,] main-
38 taining fires, or making necessary repairs to boilers or machinery.
39 S 5. The labor law is amended by adding a new section 163-a to read as
40 follows:
41 S 163-A. HOURS OF AGRICULTURAL EMPLOYMENT. NO PERSON OR CORPORATION
42 OPERATING A FARM SHALL REQUIRE ANY FARM LABORER TO WORK MORE THAN TEN
43 HOURS IN ANY DAY, SIXTY HOURS IN ANY CALENDAR WEEK, OR SIX DAYS IN ANY
44 CALENDAR WEEK, UNLESS SUCH FARM LABORER IS PAID AS FOLLOWS:
45 A. HOURLY RATE. (1) ANY FARM LABORER WHO IS PAID ON AN HOURLY BASIS
46 AND WHO IS EIGHTEEN YEARS OF AGE OR OVER, OR WHO IS SIXTEEN OR SEVENTEEN
47 YEARS OF AGE AND NOT REQUIRED BY LAW TO ATTEND SCHOOL SHALL NOT BE
48 EMPLOYED MORE THAN TEN HOURS IN ANY DAY, OR MORE THAN SIXTY HOURS IN ANY
49 CALENDAR WEEK, OR MORE THAN SIX DAYS IN ANY CALENDAR WEEK UNLESS THE
50 FARM LABORER RECEIVES ONE AND ONE-HALF TIMES THE REGULAR RATE AT WHICH
51 HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF TEN HOURS IN ANY DAY OR
52 SIXTY HOURS IN ANY CALENDAR WEEK. ANY FARM LABORER WHO WORKS ON THE
53 SEVENTH DAY IN ANY CALENDAR WEEK SHALL RECEIVE ONE AND ONE-HALF TIMES
54 THE REGULAR RATE AT WHICH HE IS EMPLOYED FOR THE FIRST EIGHT HOURS
55 WORKED, AND TWO TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED FOR ALL
56 HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.
A. 1867--B 3
1 (2) BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABOR-
2 ER WHO IS PAID AN HOURLY WAGE RATE SHALL NOT BE EMPLOYED MORE THAN TEN
3 HOURS IN ANY DAY OR MORE THAN FIFTY-FIVE HOURS IN ANY CALENDAR WEEK
4 UNLESS THE FARM LABORER RECEIVES ONE AND ONE-HALF TIMES THE REGULAR RATE
5 AT WHICH HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF TEN HOURS IN
6 ANY DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK. ANY FARM LABORER WHO
7 WORKS ON THE SEVENTH DAY IN ANY CALENDAR WEEK SHALL RECEIVE ONE AND
8 ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED FOR THE FIRST
9 EIGHT HOURS WORKED, AND TWO TIMES THE REGULAR RATE AT WHICH HE IS
10 EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.
11 B. PIECE WORK RATE. (1) ANY FARM LABORER WHO IS PAID ON A PIECE RATE
12 BASIS SHALL BE PAID AT A RATE WHICH SHALL BE NO LESS THAN ONE HUNDRED
13 FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY REGULATIONS OF THE
14 DEPARTMENT FOR HOURS WORKED IN EXCESS OF TEN HOURS IN ANY DAY OR SIXTY
15 HOURS IN ANY CALENDAR WEEK.
16 (2) BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABOR-
17 ER WHO IS PAID ON A PIECE WORK BASIS SHALL BE PAID AT A RATE NO LESS
18 THAN ONE HUNDRED FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY
19 REGULATIONS OF THE DEPARTMENT FOR HOURS WORKED IN EXCESS OF TEN HOURS IN
20 ANY DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK.
21 (3) ANY FARM LABORER WHO IS PAID A PIECE WORK RATE WHO WORKS ON THE
22 SEVENTH DAY IN ANY CALENDAR WEEK SHALL BE PAID AT A RATE NO LESS THAN
23 ONE HUNDRED FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY REGU-
24 LATIONS OF THE DEPARTMENT FOR THE FIRST EIGHT HOURS AND TWO HUNDRED
25 PERCENT OF THAT MINIMUM WAGE RATE FOR ANY HOURS WORKED IN EXCESS OF
26 EIGHT ON THAT DAY. NOTHING IN THIS SECTION SHALL PROHIBIT A FARM EMPLOY-
27 ER FROM PAYING A PIECE WORK RATE IN EXCESS OF THE RATES REQUIRED BY THIS
28 SECTION.
29 S 6. Section 564 of the labor law, as added by chapter 675 of the laws
30 of 1977, is amended to read as follows:
31 S 564. Agricultural labor. 1. Coverage. (a) Notwithstanding the
32 provisions of section five hundred sixty of this article, an employer of
33 persons engaged in agricultural labor shall become liable for contrib-
34 utions under this article if the employer:
35 (1) has paid cash remuneration of [twenty thousand] SIXTY-TWO HUNDRED
36 FIFTY dollars or more in any calendar quarter to persons employed in
37 agricultural labor, and such liability shall commence on the first day
38 of such quarter, or
39 (2) has employed in agricultural labor ten or more persons on each of
40 twenty days during a calendar year or the preceding calendar year, each
41 day being in a different calendar week, and the liability shall in such
42 event commence on the first day of the calendar year, or
43 (3) is liable for the tax imposed under the federal unemployment tax
44 act as an employer of agricultural labor and the liability shall in such
45 event commence on the first day of the calendar quarter in such calendar
46 year when he first paid remuneration for agricultural labor in this
47 state.
48 (b) An employer who becomes liable for contributions under paragraph
49 (a) of this subdivision shall cease to be liable as of the first day of
50 a calendar quarter next following the filing of a written application
51 provided the commissioner finds that the employer:
52 (1) has not paid to persons employed in agricultural labor cash remun-
53 eration of [twenty thousand] SIXTY-TWO HUNDRED FIFTY dollars or more in
54 any of the eight calendar quarters preceding such day, and
A. 1867--B 4
1 (2) has not employed in agricultural labor ten or more persons on each
2 of twenty days during the current or the preceding calendar year, each
3 day being in a different week, and
4 (3) is not liable for the tax imposed under the federal unemployment
5 tax act as an employer of agricultural labor.
6 2. EXCLUSION FROM COVERAGE. THE TERM "EMPLOYMENT" DOES NOT INCLUDE
7 SERVICES RENDERED BY AN INDIVIDUAL WHO IS AN ALIEN ADMITTED TO THE
8 UNITED STATES TO PERFORM AGRICULTURAL LABOR PURSUANT TO SECTIONS 214(C)
9 AND 101(A)(15)(H) OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT IF, AT
10 THE TIME SUCH SERVICES ARE RENDERED, THEY ARE EXCLUDED FROM THE DEFI-
11 NITION OF EMPLOYMENT IN SECTION 3306(C) OF THE FEDERAL UNEMPLOYMENT TAX
12 ACT.
13 3. Crew leader. Whenever a person renders services as a member of a
14 crew which is paid and furnished by the crew leader to perform services
15 in agricultural labor for another employer, such other employer shall,
16 for the purpose of this article, be deemed to be the employer of such
17 person, unless:
18 (a) the crew leader holds a valid certificate of registration under
19 the federal farm labor contractor registration act of nineteen hundred
20 sixty-three or substantially all the members of the crew operate or
21 maintain tractors, mechanized harvesting or cropdusting machinery or any
22 other mechanized equipment which is provided by the crew leader, and
23 (b) the crew leader is not an employee of such other employer and has
24 not entered into a written agreement with such employer under which he
25 is designated as an employee.
26 S 7. Subdivision 1 of section 674 of the labor law, as added by chap-
27 ter 552 of the laws of 1969, is amended to read as follows:
28 1. The commissioner may promulgate such regulations as he deems appro-
29 priate to carry out the purposes of this article and to safeguard mini-
30 mum wage standards. Such regulations may include, but are not limited
31 to, the defining of the circumstances or conditions for the acceptance
32 of non-hourly rates and piece rates as equivalent to the minimum hourly
33 rates established by this article. Such regulations also may include,
34 but are not limited to, waiting time and call-in pay rates; wage
35 provisions governing guaranteed earnings during specified periods of
36 work; allowances for meals, lodging, and other items, services and
37 facilities when furnished by the employer; [and the employment of indi-
38 viduals whose earning capacity is affected or impaired by youth or age,]
39 or by physical or mental deficiency or injury, under special certif-
40 icates issued by the commissioner, at such wages lower than the minimum
41 wage established by this article and for such period as shall be
42 prescribed in such regulations.
43 S 8. Paragraph (a) of subdivision 3 of section 701 of the labor law,
44 as amended by chapter 43 of the laws of 1989, is amended to read as
45 follows:
46 (a) The term "employees" includes but is not restricted to any indi-
47 vidual employed by a labor organization; any individual whose employment
48 has ceased as a consequence of, or in connection with, any current labor
49 dispute or because of any unfair labor practice, and who has not
50 obtained any other regular and substantially equivalent employment; and
51 shall not be limited to the employees of a particular employer, unless
52 the article explicitly states otherwise, but shall not include any indi-
53 vidual employed by his parent or spouse or in the domestic service of
54 and directly employed, controlled and paid by any person in his home,
55 any individual whose primary responsibility is the care of a minor child
56 or children and/or someone who lives in the home of a person for the
A. 1867--B 5
1 purpose of serving as a companion to a sick, convalescing or elderly
2 person or any individuals employed only for the duration of a labor
3 dispute, or any individuals employed as farm laborers BY A FARM EMPLOYER
4 WITH SALES OF UNDER SIX HUNDRED FIFTY THOUSAND DOLLARS DURING THE PREVI-
5 OUS CALENDAR YEAR ACCORDING TO THE UNITED STATES DEPARTMENT OF AGRICUL-
6 TURE NATIONAL AGRICULTURAL STATISTICS SERVICE, or, any individual who
7 participates in and receives rehabilitative or therapeutic services in a
8 charitable non-profit rehabilitation facility or sheltered workshop or
9 any individual employed in a charitable non-profit rehabilitation facil-
10 ity or sheltered workshop who has received rehabilitative or therapeutic
11 services and whose capacity to perform the work for which he is engaged
12 is substantially impaired by physical or mental deficiency or injury.
13 S 9. The labor law is amended by adding a new section 704-b to read as
14 follows:
15 S 704-B. UNFAIR LABOR PRACTICES; AGRICULTURE. 1. IT IS THE POLICY OF
16 THE STATE TO PROTECT THE RIGHTS OF FARM LABORERS WITHOUT CAUSING IMMEDI-
17 ATE AND IRREPARABLE HARM TO EMPLOYERS. IN RECOGNITION OF THE NEED TO
18 AVOID INTERRUPTION OF THE AGRICULTURAL PRODUCTION OF CROPS WITH A SHORT
19 PEAK HARVEST SEASON, THIS POLICY IS BEST ACHIEVED BY PROVIDING FARM
20 EMPLOYERS AND THEIR EMPLOYEES WITH A SHORT TEMPORARY PERIOD TO SETTLE
21 THEIR LABOR DISPUTE WITHOUT CAUSING IMMEDIATE OR IRREPARABLE HARM TO THE
22 EMPLOYER.
23 2. DEFINITIONS. WHEN USED IN THIS SECTION THE TERMS:
24 (A) "SHORT PEAK HARVEST SEASON" MEANS THE PERIOD FOR FRUITS AND VEGE-
25 TABLES THAT HAVE A MAXIMUM HARVEST PERIOD OF NO MORE THAN SIX WEEKS
26 DURING WHICH SUCH AGRICULTURAL PRODUCT IS HARVESTED FOR SALE, AS DETER-
27 MINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS.
28 (B) "WORK STOPPAGE" MEANS ANY STRIKE, OR CONCERTED CESSATION OR SLOW-
29 DOWN OF WORK BY EMPLOYEES.
30 (C) "LOCKOUT" MEANS A WORK STOPPAGE DURING WHICH AN EMPLOYER PREVENTS
31 EMPLOYEES FROM WORKING.
32 3. IN THE EVENT THAT THE BOARD AND ITS EMPLOYEES RECEIVE NOTICE THAT A
33 LABOR DISPUTE HAS ARISEN BETWEEN A FARM EMPLOYER THAT WILL OR MAY RESULT
34 IN A WORK STOPPAGE OR LOCKOUT, THE BOARD SHALL IMMEDIATELY INITIATE
35 SETTLEMENT PROCEEDINGS UNDER SECTION SEVEN HUNDRED TWO-A OF THIS ARTI-
36 CLE.
37 (A) AFTER THE INITIATION OF SETTLEMENT PROCEEDINGS, ANY WORK STOPPAGE
38 OR LOCKOUT SHALL CEASE FOR A PERIOD OF NOT MORE THAN TWENTY-ONE DAYS IF
39 BOTH OF THE FOLLOWING CIRCUMSTANCES EXIST:
40 (I) THE WORK STOPPAGE OR LOCKOUT OCCURS DURING A SHORT PEAK HARVEST
41 SEASON; AND
42 (II) THE WORK STOPPAGE OR LOCKOUT WILL CAUSE IMMEDIATE AND IRREPARABLE
43 INJURY, LOSS OR DAMAGE TO THE EMPLOYER.
44 (B) DURING SUCH TWENTY-ONE DAY PERIOD, BOTH PARTIES SHALL ENTER INTO
45 GOOD FAITH NEGOTIATIONS TO SETTLE THE LABOR DISPUTE, WHICH PERIOD SHALL
46 BE REFERRED TO AS A COOLING OFF PERIOD.
47 (C) THE BOARD SHALL CONDUCT AN IMMEDIATE AND EXPEDITED FACT-FINDING
48 HEARING TO DETERMINE WHETHER THE CIRCUMSTANCES UNDER PARAGRAPH (A) OF
49 THIS SUBDIVISION EXIST. EACH PARTY SHALL HAVE THE OPPORTUNITY TO SUBMIT
50 WRITTEN AND ORAL TESTIMONY AT THE HEARING. THE BOARD SHALL NOT BE BOUND
51 BY TECHNICAL RULES OF EVIDENCE PREVAILING IN COURTS OF LAW OR EQUITY.
52 (D) THE BOARD SHALL ISSUE ITS DETERMINATION IN WRITING WITHIN
53 FORTY-EIGHT HOURS OF THE CONCLUSION OF THE HEARING, WHICH SHALL INCLUDE
54 FINDINGS OF FACT AND A RATIONALE FOR ITS DETERMINATION. A COPY OF THE
55 BOARD'S DETERMINATION SHALL BE PROVIDED TO EACH PARTY WITHIN TWENTY-FOUR
56 HOURS.
A. 1867--B 6
1 (E) FOR PURPOSES OF THIS SECTION, AN EMPLOYEE WHO IS ABSENT FROM WORK
2 WITHOUT PERMISSION, OR WHO ABSTAINS WHOLLY OR IN PART FROM THE FULL
3 PERFORMANCE OF HIS OR HER EMPLOYMENT DUTIES WITHOUT PERMISSION ON THE
4 DATE WHEN A WORK STOPPAGE OR LOCKOUT OCCURS SHALL BE PRESUMED TO HAVE
5 ENGAGED IN SUCH WORK STOPPAGE OR LOCKOUT.
6 4. IF EITHER PARTY IS FOUND TO BE IN VIOLATION OF THE BOARD'S DETERMI-
7 NATION, THE BOARD MAY FILE A PETITION WITH THE SUPREME COURT IN ALBANY
8 COUNTY UPON NOTICE TO ALL PARTIES FOR TEMPORARY INJUNCTIVE RELIEF. THE
9 BOARD SHALL NOT BE REQUIRED TO PROVIDE ANY UNDERTAKINGS OR BOND AND
10 SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS WHICH MAY HAVE BEEN
11 SUSTAINED BY REASON OF ANY TEMPORARY INJUNCTIVE RELIEF ORDERED. IF THE
12 BOARD FAILS TO ACT WITHIN TEN DAYS, THE BOARD SHALL BE DEEMED TO HAVE
13 MADE A FINAL DETERMINATION NOT TO SEEK TEMPORARY INJUNCTIVE RELIEF.
14 S 10. The labor law is amended by adding a new section 719 to read as
15 follows:
16 S 719. ADVISORY COMMITTEE ON AGRICULTURAL COLLECTIVE BARGAINING. 1.
17 THERE IS HEREBY ESTABLISHED AN ADVISORY COMMITTEE ON COLLECTIVE BARGAIN-
18 ING BETWEEN FARM EMPLOYERS AND FARM LABORERS WHOSE MEMBERS SHALL BE
19 APPOINTED BY THE GOVERNOR ON OR BEFORE APRIL FIRST, TWO THOUSAND TEN.
20 THE ADVISORY COMMITTEE SHALL CONSIST OF SEVEN MEMBERS, INCLUDING THE
21 COMMISSIONER OR HIS OR HER DESIGNEE, THE COMMISSIONER OF THE DEPARTMENT
22 OF AGRICULTURE AND MARKETS OR HIS OR HER DESIGNEE, ONE UPON THE NOMI-
23 NATION OF THE SPEAKER OF THE ASSEMBLY, ONE UPON NOMINATION OF THE TEMPO-
24 RARY PRESIDENT OF THE SENATE, ONE UPON NOMINATION BY THE PRESIDENT OF
25 THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL
26 ORGANIZATIONS, ONE UPON THE NOMINATION OF THE NEW YORK STATE FARM
27 BUREAU, AND ONE MEMBER WITH EXPERIENCE AND EXPERTISE IN COLLECTIVE
28 BARGAINING AND LABOR RELATIONS WHO SHALL BE APPOINTED TO CHAIR THE ADVI-
29 SORY COMMITTEE.
30 2. THE ADVISORY COMMITTEE SHALL MAKE RECOMMENDATIONS FOR LEGISLATION
31 TO IMPLEMENT COLLECTIVE BARGAINING STRUCTURES AND PROCEDURES WHERE
32 APPROPRIATE, AND TO FOSTER LABOR-MANAGEMENT COOPERATION AND DISPUTE
33 RESOLUTION BETWEEN FARM EMPLOYERS AND FARM LABORERS. IN MAKING ITS
34 RECOMMENDATIONS, THE ADVISORY COMMITTEE SHALL CONSIDER THE PROVISIONS OF
35 THE STATE LABOR RELATIONS ACT, THE LAWS OF OTHER STATES RELATING TO
36 COLLECTIVE BARGAINING AND LABOR RELATIONS IN FARM EMPLOYMENT, AND THE
37 UNIQUE CHARACTERISTICS OF THE AGRICULTURE INDUSTRY INCLUDING BUT NOT
38 LIMITED TO LENGTH OF HARVEST AND GROWING SEASONS, SEASONAL FLUCTUATIONS
39 IN EMPLOYMENT, ANNUAL SALES, AND IMPORT AND EXPORT CONDITIONS AFFECTING
40 NEW YORK AGRICULTURE. THE ADVISORY COMMITTEE SHALL REPORT TO THE GOVER-
41 NOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
42 SENATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN.
43 3. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
44 FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY
45 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
46 S 11. Paragraph (m) of subdivision 5 of section 225 of the public
47 health law, as amended by chapter 894 of the laws of 1958 and such
48 subdivision as renumbered by chapter 626 of the laws of 1971, is amended
49 to read as follows:
50 (m) require that application be made for a permit to operate a farm or
51 food processing labor camp as defined in the sanitary code; authorize
52 appropriate officers or agencies to issue such a permit when the appli-
53 cant is in compliance with the established regulations; prescribe stand-
54 ards for living quarters at farm and food processing labor camps,
55 including provisions for sanitary conditions; light, air, and safety;
56 protection from fire hazards; maintenance; and such other matters as may
A. 1867--B 7
1 be appropriate for security of life or health, provided however, that
2 the provisions of the sanitary code established pursuant to the
3 provisions hereof shall apply to all farm and food processing labor
4 camps intended to house migrant workers and which are occupied [by five
5 or more persons]. In the preparation of such regulations, the public
6 health council may request and shall receive technical assistance from
7 the board of standards and appeals of the state department of labor and
8 the state building code commission. Such regulation shall be enforced in
9 the same manner as are other provisions of the sanitary code;
10 S 12. Section 51 of the workers' compensation law, as amended by chap-
11 ter 561 of the laws of 2003, is amended to read as follows:
12 S 51. Posting of notice regarding compensation. Every employer who has
13 complied with section fifty of this article shall post and maintain in a
14 conspicuous place or places in and about his place or places of business
15 typewritten or printed IN ENGLISH AND SPANISH notices in form prescribed
16 by the chairman, stating the fact that he has complied with all the
17 rules and regulations of the chairman and the board and that he has
18 secured the payment of compensation to his employees and their depen-
19 dents in accordance with the provisions of this chapter, but failure to
20 post such notice as herein provided shall not in any way affect the
21 exclusiveness of the remedy provided for by section eleven of this chap-
22 ter. Every employer who owns or operates automotive or horse-drawn vehi-
23 cles and has no minimum staff of regular employees required to report
24 for work at an established place of business maintained by such employer
25 and every employer who is engaged in the business of moving household
26 goods or furniture shall post such notices in each and every vehicle
27 owned or operated by him. Failure to post or maintain such notice in any
28 of said vehicles shall constitute presumptive evidence that such employ-
29 er has failed to secure the payment of compensation. The chairman may
30 require any employer to furnish a written statement at any time showing
31 the stock corporation, mutual corporation or reciprocal insurer in which
32 such employer is insured or the manner in which such employer has
33 complied with any provision of this chapter. Failure for a period of ten
34 days to furnish such written statement shall constitute presumptive
35 evidence that such employer has neglected or failed in respect of any of
36 the matters so required. Any employer who fails to comply with the
37 provisions of this section shall be required to pay to the board a fine
38 of [up to two hundred fifty] FIVE HUNDRED dollars for each violation, in
39 addition to any other penalties imposed by law to be deposited into the
40 uninsured employers' fund.
41 S 13. The workers' compensation law is amended by adding a new section
42 110-b to read as follows:
43 S 110-B. REPORTING OF INJURIES TO EMPLOYER. EVERY FARM LABOR CONTRAC-
44 TOR, FOREMAN OR SUPERVISOR OF FARM LABORERS WHO HAS NOTICE OF ANY INJURY
45 TO A FARM LABORER INCURRED DURING THE COURSE OF EMPLOYMENT SHALL BE
46 REQUIRED TO INFORM THE EMPLOYER, OWNER OR OPERATOR OF A FARM OF ANY SUCH
47 INJURY.
48 S 14. The first undesignated paragraph of section 120 of the workers'
49 compensation law, as amended by chapter 61 of the laws of 1989, is
50 amended to read as follows:
51 It shall be unlawful for any employer or his or her duly authorized
52 agent to discharge or in any other manner discriminate against an
53 employee as to his or her employment because such employee has claimed
54 or attempted to claim compensation from such employer, REQUESTED A CLAIM
55 FORM FOR INJURIES RECEIVED IN THE COURSE OF EMPLOYMENT, or because he or
56 she has testified or is about to testify in a proceeding under this
A. 1867--B 8
1 chapter and no other valid reason is shown to exist for such action by
2 the employer.
3 S 15. The opening paragraph of paragraph A of subdivision 6 of section
4 201 of the workers' compensation law, as amended by chapter 903 of the
5 laws of 1986, is amended to read as follows:
6 "Employment" means employment in any trade, business or occupation
7 carried on by an employer, except that the following shall not be deemed
8 employment under this article: services performed for the state, a
9 municipal corporation, local governmental agency, other political subdi-
10 vision or public authority; employment subject to the federal railroad
11 unemployment insurance act; service performed on or as an officer or
12 member of the crew of a vessel on the navigable water of the United
13 States or outside the United States; [service as farm laborers;] casual
14 employment and the first forty-five days of extra employment of employ-
15 ees not regularly in employment as otherwise defined herein; service as
16 golf caddies; and service during all or any part of the school year or
17 regular vacation periods as a part-time worker of any person actually in
18 regular attendance during the day time as a student in an elementary or
19 secondary school. The term "employment" shall not include the services
20 of a licensed real estate broker or sales associate if it be proven that
21 (a) substantially all of the remuneration (whether or not paid in cash)
22 for the services performed by such broker or sales associate is directly
23 related to sales or other output (including the performance of services)
24 rather than to the number of hours worked; (b) the services performed by
25 the broker or sales associate are performed pursuant to a written
26 contract executed between such broker or sales associate and the person
27 for whom the services are performed within the past twelve to fifteen
28 months; and (c) the written contract provided for in [paragraph] SUBPAR-
29 AGRAPH (b) herein was not executed under duress and contains the follow-
30 ing provisions:
31 S 16. Nothing in this act shall be deemed to diminish the rights,
32 privileges, or remedies of any farm laborer under any collective
33 bargaining agreement entered into on or after the effective date of this
34 act.
35 S 17. This act shall take effect April 1, 2010, provided that section
36 fifteen of this act shall take effect on the one hundred eightieth day
37 after it shall have become a law, provided further, that section five of
38 this act shall take effect January 1, 2011 and sections eight and nine
39 of this act shall take effect April 1, 2011.
