Bill Text: NY S00064 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires farm workers and domestic workers to be given at least 24 hours of consecutive rest like other employees in New York State.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S00064 Detail]

Download: New_York-2013-S00064-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          64
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       AN ACT to amend the labor law, in relation to allowing farm workers  and
         domestic workers one day of rest each week
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 161 of the labor law is amended by adding  two  new
    2  subdivisions 7 and 8 to read as follows:
    3    7.  EVERY FARMER EMPLOYING FARM LABORERS SHALL OFFER THOSE FARM LABOR-
    4  ERS TWENTY-FOUR CONSECUTIVE HOURS OF REST IN  EACH  AND  EVERY  CALENDAR
    5  WEEK.  THIS  REQUIREMENT SHALL NOT APPLY TO THE PARENT, CHILD, SPOUSE OR
    6  OTHER MEMBER OF THE EMPLOYER'S IMMEDIATE FAMILY. TWENTY-FOUR CONSECUTIVE
    7  HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH AS  WEATHER  OR  CROP
    8  CONDITIONS,  SHALL  BE  DEEMED  TO  CONSTITUTE THE REST REQUIRED BY THIS
    9  SUBDIVISION. NO PROVISION OF THIS  SUBDIVISION  SHALL  PROHIBIT  A  FARM
   10  LABORER FROM VOLUNTARILY REFUSING THE REST REQUIRED BY THIS SUBDIVISION.
   11  THE TERM "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED BY AN EMPLOY-
   12  EE  ON  A FARM IN CONNECTION WITH CULTIVATING THE SOIL, OR IN CONNECTION
   13  WITH RAISING OR HARVESTING OF AGRICULTURAL  COMMODITIES,  INCLUDING  THE
   14  RAISING,  SHEARING,  CARING  FOR AND MANAGEMENT OF LIVESTOCK, POULTRY OR
   15  DAIRY.
   16    8. EVERY EMPLOYER EMPLOYING DOMESTIC WORKERS IN PERSONAL  OR  DOMESTIC
   17  SERVICE IN PRIVATE HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSEC-
   18  UTIVE  HOURS  OF  REST  IN EACH AND EVERY CALENDAR WEEK. NO PROVISION OF
   19  THIS SUBDIVISION SHALL  PROHIBIT  A  DOMESTIC  WORKER  FROM  VOLUNTARILY
   20  REFUSING THE REST REQUIRED BY THIS SUBDIVISION. THE TERM "DOMESTIC WORK-
   21  ER"  SHALL  INCLUDE  ALL  SERVICES PERFORMED BY AN EMPLOYEE IN A PRIVATE
   22  HOME IN CONNECTION WITH CHILD CARE, CLEANING, COOKING, DRIVING,  GARDEN-
   23  ING AND PERSONAL ASSISTANCE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01087-01-3
       S. 64                               2
    1    S  2.  Paragraphs b and d of subdivision 2 of section 161 of the labor
    2  law, as amended by chapter 281 of the laws of 1941, are amended to  read
    3  as follows:
    4    b.  Employees in [dairies, creameries,] milk condenseries, milk powder
    5  factories, milk sugar factories,  milk  shipping  stations,  butter  and
    6  cheese  factories,  ice  cream  manufacturing  plants  and milk bottling
    7  plants, where not more than seven persons are employed;
    8    d. Employees whose duties include not more than three hours'  work  on
    9  Sunday  in setting sponges in bakeries, [caring for live animals,] main-
   10  taining fires, or making necessary repairs to boilers or machinery.
   11    S 3. The labor law is amended by adding two  new  sections  163-a  and
   12  163-b to read as follows:
   13    S  163-A. HOURS OF LABOR ON FARMS. ANY PERSON OR CORPORATION OPERATING
   14  A  FARM  EMPLOYING  FARM  LABORERS  SHALL  OFFER  THOSE  FARM   LABORERS
   15  TWENTY-FOUR  CONSECUTIVE  HOURS OF REST IN EACH AND EVERY CALENDAR WEEK;
   16  PROVIDED, HOWEVER, THAT THE FARM LABORER MAY VOLUNTARILY REFUSE  TWENTY-
   17  FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CALENDAR WEEK. ANY FARM
   18  LABORER  WHO  REFUSES  TWENTY-FOUR  CONSECUTIVE  HOURS  OF REST SHALL BE
   19  COMPENSATED AT A RATE WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORK-
   20  ER'S NORMAL WAGE RATE.
   21    S 163-B. HOURS OF LABOR FOR DOMESTIC WORK. ANY PERSON  OR  CORPORATION
   22  EMPLOYING  DOMESTIC  WORKERS  IN PERSONAL OR DOMESTIC SERVICE IN PRIVATE
   23  HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSECUTIVE HOURS OF  REST
   24  IN  EACH  AND  EVERY CALENDAR WEEK; PROVIDED, HOWEVER, THAT THE DOMESTIC
   25  WORKER MAY VOLUNTARILY REFUSE TWENTY-FOUR CONSECUTIVE HOURS OF  REST  IN
   26  EACH   AND   EVERY  CALENDAR  WEEK.  ANY  DOMESTIC  WORKER  WHO  REFUSES
   27  TWENTY-FOUR CONSECUTIVE HOURS OF REST SHALL BE  COMPENSATED  AT  A  RATE
   28  WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORKER'S NORMAL WAGE RATE.
   29    S 4. This act shall take effect immediately.