S T A T E O F N E W Y O R K
________________________________________________________________________
1746
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. ESPAILLAT, KRUEGER, 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 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; and to amend the work-
ers' 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. Subdivision 16 of section 2 of the labor law, as added by chapter
4 564 of the laws of 2010, is renumbered subdivision 18 and a new subdivi-
5 sion 17 is added to read as follows:
6 17. "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED IN AGRICULTURAL
7 EMPLOYMENT IN CONNECTION WITH CULTIVATING THE SOIL, OR IN CONNECTION
8 WITH RAISING OR HARVESTING OF AGRICULTURAL COMMODITIES, INCLUDING
9 SERVICES PERFORMED ON ORCHARDS, PLANTATIONS, NURSERIES AND GREENHOUSES,
10 AND SHALL INCLUDE THE RAISING, HATCHING, SHEARING, CARING FOR AND
11 MANAGEMENT OF LIVESTOCK, POULTRY, DAIRY, BEES AND FUR-BEARING ANIMALS,
12 AND SHALL INCLUDE THE HARVESTING OR PRODUCTION OF MAPLE SYRUP OR MAPLE
13 SUGAR, AND SHALL INCLUDE THE OPERATION AND MAINTENANCE OF FARM EQUIPMENT
14 AND IMPROVEMENT OR MAINTENANCE OF FARM WATER USE AREAS, AND SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02987-01-3
S. 1746 2
1 INCLUDE THE PLANTING, DRYING, PACKAGING OR OTHER PROCESSING OF ANY AGRI-
2 CULTURAL OR HORTICULTURAL COMMODITY RAISED ON THE EMPLOYER'S FARM. THE
3 TERM "FARM LABOR" SHALL NOT INCLUDE SERVICES PERFORMED IN CONNECTION
4 WITH COMMERCIAL CANNING, FREEZING, GRADING OR OTHER PROCESSING OF ANY
5 AGRICULTURAL OR HORTICULTURAL COMMODITY NOT RAISED ON THE EMPLOYER'S
6 FARM. THIS SUBDIVISION SHALL NOT APPLY TO THE PARENT, CHILD, SPOUSE OR
7 OTHER MEMBER OF THE EMPLOYER'S FAMILY RELATED BY THE THIRD DEGREE OF
8 CONSANGUINITY OR AFFINITY.
9 S 3. Subdivision 1 of section 161 of the labor law is amended by
10 adding a new undesignated paragraph to read as follows:
11 EVERY PERSON EMPLOYED AS A FARM LABORER SHALL BE ALLOWED AT LEAST
12 TWENTY-FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CALENDAR WEEK. A
13 FARM LABORER MAY CONSENT IN WRITING TO WAIVE THIS RIGHT AND WORK ON THE
14 DAY OF REST, PROVIDED THAT HE OR SHE SHALL BE PAID AS PROVIDED UNDER
15 SECTION ONE HUNDRED SIXTY-THREE-A OF THIS TITLE. THIS PARAGRAPH SHALL
16 NOT APPLY TO THE PARENT, CHILD, SPOUSE OR OTHER MEMBER OF THE EMPLOYER'S
17 FAMILY RELATED BY THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY. TWEN-
18 TY-FOUR CONSECUTIVE HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH
19 AS WEATHER OR CROP CONDITIONS, SHALL BE DEEMED TO CONSTITUTE THE REST
20 REQUIRED BY THIS PARAGRAPH. THE DAY OF REST SHOULD BE THE SAME AS THE
21 TRADITIONAL DAY RESERVED BY THE FARM LABORER FOR RELIGIOUS WORSHIP,
22 WHENEVER POSSIBLE.
23 S 4. Paragraphs b and d of subdivision 2 of section 161 of the labor
24 law, as amended by chapter 281 of the laws of 1941, are amended to read
25 as follows:
26 b. Employees in [dairies, creameries,] milk condenseries, milk powder
27 factories, milk sugar factories, milk shipping stations, butter and
28 cheese factories, ice cream manufacturing plants and milk bottling
29 plants, where not more than seven persons are employed;
30 d. Employees whose duties include not more than three hours' work on
31 Sunday in setting sponges in bakeries, [caring for live animals,] main-
32 taining fires, or making necessary repairs to boilers or machinery.
33 S 5. The labor law is amended by adding a new section 163-a to read as
34 follows:
35 S 163-A. HOURS OF AGRICULTURAL EMPLOYMENT. NO PERSON OR CORPORATION
36 OPERATING A FARM SHALL REQUIRE ANY FARM LABORER TO WORK MORE THAN TEN
37 HOURS IN ANY DAY, FIFTY-FIVE HOURS IN ANY CALENDAR WEEK, OR SIX DAYS IN
38 ANY CALENDAR WEEK, UNLESS SUCH FARM LABORER IS PAID AS FOLLOWS:
39 1. HOURLY RATE. A. ANY FARM LABORER WHO IS PAID ON AN HOURLY BASIS AND
40 WHO IS EIGHTEEN YEARS OF AGE OR OVER, OR WHO IS SIXTEEN OR SEVENTEEN
41 YEARS OF AGE AND NOT REQUIRED BY LAW TO ATTEND SCHOOL SHALL NOT BE
42 EMPLOYED MORE THAN TEN HOURS IN ANY DAY, OR MORE THAN FIFTY-FIVE HOURS
43 IN ANY CALENDAR WEEK, OR MORE THAN SIX DAYS IN ANY CALENDAR WEEK UNLESS
44 THE FARM LABORER RECEIVES ONE AND ONE-HALF TIMES THE REGULAR RATE AT
45 WHICH HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF TEN HOURS IN ANY
46 DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK. ANY FARM LABORER WHO WORKS
47 ON THE SEVENTH DAY IN ANY CALENDAR WEEK SHALL RECEIVE ONE AND ONE-HALF
48 TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED FOR THE FIRST EIGHT HOURS
49 WORKED, AND TWO TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED FOR ALL
50 HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.
51 B. ANY FARM LABORER WHO IS PAID AN HOURLY WAGE RATE SHALL NOT BE
52 EMPLOYED MORE THAN TEN HOURS IN ANY DAY OR MORE THAN FIFTY-FIVE HOURS IN
53 ANY CALENDAR WEEK UNLESS THE FARM LABORER RECEIVES ONE AND ONE-HALF
54 TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED FOR ALL HOURS WORKED IN
55 EXCESS OF TEN HOURS IN ANY DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK.
56 ANY FARM LABORER WHO WORKS ON THE SEVENTH DAY IN ANY CALENDAR WEEK SHALL
S. 1746 3
1 RECEIVE ONE AND ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED
2 FOR THE FIRST EIGHT HOURS WORKED, AND TWO TIMES THE REGULAR RATE AT
3 WHICH HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF EIGHT HOURS THAT
4 DAY.
5 2. PIECE WORK RATE. A. ANY FARM LABORER WHO IS PAID ON A PIECE RATE
6 BASIS SHALL BE PAID AT A RATE WHICH SHALL BE NO LESS THAN ONE HUNDRED
7 FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY REGULATIONS OF THE
8 DEPARTMENT FOR HOURS WORKED IN EXCESS OF TEN HOURS IN ANY DAY OR FIFTY-
9 FIVE HOURS IN ANY CALENDAR WEEK.
10 B. ANY FARM LABORER WHO IS PAID A PIECE WORK RATE WHO WORKS ON THE
11 SEVENTH DAY IN ANY CALENDAR WEEK SHALL BE PAID AT A RATE NO LESS THAN
12 ONE HUNDRED FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY REGU-
13 LATIONS OF THE DEPARTMENT FOR THE FIRST EIGHT HOURS AND TWO HUNDRED
14 PERCENT OF THAT MINIMUM WAGE RATE FOR ANY HOURS WORKED IN EXCESS OF
15 EIGHT ON THAT DAY. NOTHING IN THIS SECTION SHALL PROHIBIT A FARM EMPLOY-
16 ER FROM PAYING A PIECE WORK RATE IN EXCESS OF THE RATES REQUIRED BY THIS
17 SECTION.
18 S 6. Section 564 of the labor law, as added by chapter 675 of the laws
19 of 1977, is amended to read as follows:
20 S 564. Agricultural labor. 1. Coverage. (a) Notwithstanding the
21 provisions of section five hundred sixty of this article, an employer of
22 persons engaged in agricultural labor shall become liable for contrib-
23 utions under this article if the employer:
24 (1) has paid cash remuneration of [twenty] SIX thousand TWO HUNDRED
25 FIFTY dollars or more in any calendar quarter to persons employed in
26 agricultural labor, and such liability shall commence on the first day
27 of such quarter, or
28 (2) has employed in agricultural labor ten or more persons on each of
29 twenty days during a calendar year or the preceding calendar year, each
30 day being in a different calendar week, and the liability shall in such
31 event commence on the first day of the calendar year, or
32 (3) is liable for the tax imposed under the federal unemployment tax
33 act as an employer of agricultural labor and the liability shall in such
34 event commence on the first day of the calendar quarter in such calendar
35 year when he first paid remuneration for agricultural labor in this
36 state.
37 (b) An employer who becomes liable for contributions under paragraph
38 (a) of this subdivision shall cease to be liable as of the first day of
39 a calendar quarter next following the filing of a written application
40 provided the commissioner finds that the employer:
41 (1) has not paid to persons employed in agricultural labor cash remun-
42 eration of [twenty] SIX thousand TWO HUNDRED FIFTY dollars or more in
43 any of the eight calendar quarters preceding such day, and
44 (2) has not employed in agricultural labor ten or more persons on each
45 of twenty days during the current or the preceding calendar year, each
46 day being in a different week, and
47 (3) is not liable for the tax imposed under the federal unemployment
48 tax act as an employer of agricultural labor.
49 2. Crew leader. Whenever a person renders services as a member of a
50 crew which is paid and furnished by the crew leader to perform services
51 in agricultural labor for another employer, such other employer shall,
52 for the purpose of this article, be deemed to be the employer of such
53 person, unless:
54 (a) the crew leader holds a valid certificate of registration under
55 the federal farm labor contractor registration act of nineteen hundred
56 sixty-three or substantially all the members of the crew operate or
S. 1746 4
1 maintain tractors, mechanized harvesting or cropdusting machinery or any
2 other mechanized equipment which is provided by the crew leader, and
3 (b) the crew leader is not an employee of such other employer and has
4 not entered into a written agreement with such employer under which he
5 is designated as an employee.
6 S 7. Subdivision 1 of section 674 of the labor law, as added by chap-
7 ter 552 of the laws of 1969, is amended to read as follows:
8 1. The commissioner may promulgate such regulations as he deems appro-
9 priate to carry out the purposes of this article and to safeguard mini-
10 mum wage standards. Such regulations may include, but are not limited
11 to, the defining of the circumstances or conditions for the acceptance
12 of non-hourly rates and piece rates as equivalent to the minimum hourly
13 rates established by this article. Such regulations also may include,
14 but are not limited to, waiting time and call-in pay rates; wage
15 provisions governing guaranteed earnings during specified periods of
16 work; AND allowances for meals, lodging, and other items, services and
17 facilities when furnished by the employer[; and the employment of indi-
18 viduals whose earning capacity is affected or impaired by youth or age,
19 or by physical or mental deficiency or injury, under special certif-
20 icates issued by the commissioner, at such wages lower than the minimum
21 wage established by this article and for such period as shall be
22 prescribed in such regulations].
23 S 8. Paragraph (a) of subdivision 3 of section 701 of the labor law,
24 as amended by chapter 43 of the laws of 1989, is amended to read as
25 follows:
26 (a) The term "employees" includes but is not restricted to any indi-
27 vidual employed by a labor organization; any individual whose employment
28 has ceased as a consequence of, or in connection with, any current labor
29 dispute or because of any unfair labor practice, and who has not
30 obtained any other regular and substantially equivalent employment; and
31 shall not be limited to the employees of a particular employer, unless
32 the article explicitly states otherwise, but shall not include any indi-
33 vidual employed by his parent or spouse or in the domestic service of
34 and directly employed, controlled and paid by any person in his home,
35 any individual whose primary responsibility is the care of a minor child
36 or children and/or someone who lives in the home of a person for the
37 purpose of serving as a companion to a sick, convalescing or elderly
38 person or any individuals employed only for the duration of a labor
39 dispute, or any individuals employed as farm laborers BY A FARM EMPLOYER
40 WITH SALES OF UNDER SIX HUNDRED FIFTY THOUSAND DOLLARS DURING THE PREVI-
41 OUS CALENDAR YEAR ACCORDING TO THE UNITED STATES DEPARTMENT OF AGRICUL-
42 TURE NATIONAL AGRICULTURAL STATISTICS SERVICE, or, any individual who
43 participates in and receives rehabilitative or therapeutic services in a
44 charitable non-profit rehabilitation facility or sheltered workshop or
45 any individual employed in a charitable non-profit rehabilitation facil-
46 ity or sheltered workshop who has received rehabilitative or therapeutic
47 services and whose capacity to perform the work for which he is engaged
48 is substantially impaired by physical or mental deficiency or injury.
49 S 9. The labor law is amended by adding a new section 704-b to read as
50 follows:
51 S 704-B. UNFAIR LABOR PRACTICES; AGRICULTURE. 1. IT IS THE POLICY OF
52 THE STATE TO PROTECT THE RIGHTS OF FARM LABORERS WITHOUT CAUSING IMMEDI-
53 ATE AND IRREPARABLE HARM TO EMPLOYERS. IN RECOGNITION OF THE NEED TO
54 AVOID INTERRUPTION OF THE AGRICULTURAL PRODUCTION OF CROPS WITH A SHORT
55 PEAK HARVEST SEASON, THIS POLICY IS BEST ACHIEVED BY PROVIDING FARM
56 EMPLOYERS AND THEIR EMPLOYEES WITH A SHORT TEMPORARY PERIOD TO SETTLE
S. 1746 5
1 THEIR LABOR DISPUTE WITHOUT CAUSING IMMEDIATE OR IRREPARABLE HARM TO THE
2 EMPLOYER.
3 2. DEFINITIONS. WHEN USED IN THIS SECTION THE TERMS:
4 (A) "SHORT PEAK HARVEST SEASON" MEANS THE PERIOD FOR FRUITS AND VEGE-
5 TABLES THAT HAVE A MAXIMUM HARVEST PERIOD OF NO MORE THAN SIX WEEKS
6 DURING WHICH SUCH AGRICULTURAL PRODUCT IS HARVESTED FOR SALE, AS DETER-
7 MINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS.
8 (B) "WORK STOPPAGE" MEANS ANY STRIKE, OR CONCERTED CESSATION OR SLOW-
9 DOWN OF WORK BY EMPLOYEES.
10 (C) "LOCKOUT" MEANS A WORK STOPPAGE DURING WHICH AN EMPLOYER PREVENTS
11 EMPLOYEES FROM WORKING.
12 3. IN THE EVENT THAT THE BOARD AND ITS EMPLOYEES RECEIVE NOTICE THAT A
13 LABOR DISPUTE HAS ARISEN BETWEEN A FARM EMPLOYER THAT WILL OR MAY RESULT
14 IN A WORK STOPPAGE OR LOCKOUT, THE BOARD SHALL IMMEDIATELY INITIATE
15 SETTLEMENT PROCEEDINGS UNDER SECTION SEVEN HUNDRED TWO-A OF THIS ARTI-
16 CLE.
17 (A) AFTER THE INITIATION OF SETTLEMENT PROCEEDINGS, ANY WORK STOPPAGE
18 OR LOCKOUT SHALL CEASE FOR A PERIOD OF NOT MORE THAN TWENTY-ONE DAYS IF
19 BOTH OF THE FOLLOWING CIRCUMSTANCES EXIST:
20 (I) THE WORK STOPPAGE OR LOCKOUT OCCURS DURING A SHORT PEAK HARVEST
21 SEASON; AND
22 (II) THE WORK STOPPAGE OR LOCKOUT WILL CAUSE IMMEDIATE AND IRREPARABLE
23 INJURY, LOSS OR DAMAGE TO THE EMPLOYER.
24 (B) DURING SUCH TWENTY-ONE DAY PERIOD, BOTH PARTIES SHALL ENTER INTO
25 GOOD FAITH NEGOTIATIONS TO SETTLE THE LABOR DISPUTE, WHICH PERIOD SHALL
26 BE REFERRED TO AS A COOLING OFF PERIOD.
27 (C) THE BOARD SHALL CONDUCT AN IMMEDIATE AND EXPEDITED FACT-FINDING
28 HEARING TO DETERMINE WHETHER THE CIRCUMSTANCES UNDER PARAGRAPH (A) OF
29 THIS SUBDIVISION EXIST. EACH PARTY SHALL HAVE THE OPPORTUNITY TO SUBMIT
30 WRITTEN AND ORAL TESTIMONY AT THE HEARING. THE BOARD SHALL NOT BE BOUND
31 BY TECHNICAL RULES OF EVIDENCE PREVAILING IN COURTS OF LAW OR EQUITY.
32 (D) THE BOARD SHALL ISSUE ITS DETERMINATION IN WRITING WITHIN
33 FORTY-EIGHT HOURS OF THE CONCLUSION OF THE HEARING, WHICH SHALL INCLUDE
34 FINDINGS OF FACT AND A RATIONALE FOR ITS DETERMINATION. A COPY OF THE
35 BOARD'S DETERMINATION SHALL BE PROVIDED TO EACH PARTY WITHIN TWENTY-FOUR
36 HOURS.
37 (E) FOR PURPOSES OF THIS SECTION, AN EMPLOYEE WHO IS ABSENT FROM WORK
38 WITHOUT PERMISSION, OR WHO ABSTAINS WHOLLY OR IN PART FROM THE FULL
39 PERFORMANCE OF HIS OR HER EMPLOYMENT DUTIES WITHOUT PERMISSION ON THE
40 DATE WHEN A WORK STOPPAGE OR LOCKOUT OCCURS SHALL BE PRESUMED TO HAVE
41 ENGAGED IN SUCH WORK STOPPAGE OR LOCKOUT.
42 4. IF EITHER PARTY IS FOUND TO BE IN VIOLATION OF THE BOARD'S DETERMI-
43 NATION, THE BOARD MAY FILE A PETITION WITH THE SUPREME COURT IN ALBANY
44 COUNTY UPON NOTICE TO ALL PARTIES FOR TEMPORARY INJUNCTIVE RELIEF. THE
45 BOARD SHALL NOT BE REQUIRED TO PROVIDE ANY UNDERTAKINGS OR BOND AND
46 SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS WHICH MAY HAVE BEEN
47 SUSTAINED BY REASON OF ANY TEMPORARY INJUNCTIVE RELIEF ORDERED. IF THE
48 BOARD FAILS TO ACT WITHIN TEN DAYS, THE BOARD SHALL BE DEEMED TO HAVE
49 MADE A FINAL DETERMINATION NOT TO SEEK TEMPORARY INJUNCTIVE RELIEF.
50 S 10. The labor law is amended by adding a new section 719 to read as
51 follows:
52 S 719. ADVISORY COMMITTEE ON AGRICULTURAL COLLECTIVE BARGAINING. 1.
53 THERE IS HEREBY ESTABLISHED AN ADVISORY COMMITTEE ON COLLECTIVE BARGAIN-
54 ING BETWEEN FARM EMPLOYERS AND FARM LABORERS WHOSE MEMBERS SHALL BE
55 APPOINTED BY THE GOVERNOR ON OR BEFORE APRIL FIRST, TWO THOUSAND FOUR-
56 TEEN. THE ADVISORY COMMITTEE SHALL CONSIST OF SIX MEMBERS, INCLUDING THE
S. 1746 6
1 COMMISSIONER OR HIS OR HER DESIGNEE, ONE UPON THE NOMINATION OF THE
2 SPEAKER OF THE ASSEMBLY, ONE UPON NOMINATION OF THE TEMPORARY PRESIDENT
3 OF THE SENATE, ONE UPON NOMINATION BY THE PRESIDENT OF THE NEW YORK
4 STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS,
5 ONE UPON THE NOMINATION OF THE NEW YORK STATE FARM BUREAU, AND ONE
6 MEMBER WITH EXPERIENCE AND EXPERTISE IN COLLECTIVE BARGAINING AND LABOR
7 RELATIONS WHO SHALL BE APPOINTED TO CHAIR THE ADVISORY COMMITTEE.
8 2. THE ADVISORY COMMITTEE SHALL MAKE RECOMMENDATIONS FOR LEGISLATION
9 TO IMPLEMENT COLLECTIVE BARGAINING STRUCTURES AND PROCEDURES WHERE
10 APPROPRIATE, AND TO FOSTER LABOR-MANAGEMENT COOPERATION AND DISPUTE
11 RESOLUTION BETWEEN FARM EMPLOYERS AND FARM LABORERS. IN MAKING ITS
12 RECOMMENDATIONS, THE ADVISORY COMMITTEE SHALL CONSIDER THE PROVISIONS OF
13 THE STATE LABOR RELATIONS ACT, THE LAWS OF OTHER STATES RELATING TO
14 COLLECTIVE BARGAINING AND LABOR RELATIONS IN FARM EMPLOYMENT, AND THE
15 UNIQUE CHARACTERISTICS OF THE AGRICULTURE INDUSTRY INCLUDING BUT NOT
16 LIMITED TO LENGTH OF HARVEST AND GROWING SEASONS, SEASONAL FLUCTUATIONS
17 IN EMPLOYMENT, ANNUAL SALES, AND IMPORT AND EXPORT CONDITIONS AFFECTING
18 NEW YORK AGRICULTURE. THE ADVISORY COMMITTEE SHALL REPORT TO THE GOVER-
19 NOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
20 SENATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN.
21 3. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
22 FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY
23 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
24 S 11. Section 51 of the workers' compensation law, as amended by chap-
25 ter 561 of the laws of 2003, is amended to read as follows:
26 S 51. Posting of notice regarding compensation. Every employer who has
27 complied with section fifty of this article shall post and maintain in a
28 conspicuous place or places in and about his place or places of business
29 typewritten or printed IN ENGLISH AND SPANISH notices in form prescribed
30 by the chairman, stating the fact that he has complied with all the
31 rules and regulations of the chairman and the board and that he has
32 secured the payment of compensation to his employees and their depen-
33 dents in accordance with the provisions of this chapter, but failure to
34 post such notice as herein provided shall not in any way affect the
35 exclusiveness of the remedy provided for by section eleven of this chap-
36 ter. Every employer who owns or operates automotive or horse-drawn vehi-
37 cles and has no minimum staff of regular employees required to report
38 for work at an established place of business maintained by such employer
39 and every employer who is engaged in the business of moving household
40 goods or furniture shall post such notices in each and every vehicle
41 owned or operated by him. Failure to post or maintain such notice in any
42 of said vehicles shall constitute presumptive evidence that such employ-
43 er has failed to secure the payment of compensation. The chairman may
44 require any employer to furnish a written statement at any time showing
45 the stock corporation, mutual corporation or reciprocal insurer in which
46 such employer is insured or the manner in which such employer has
47 complied with any provision of this chapter. Failure for a period of ten
48 days to furnish such written statement shall constitute presumptive
49 evidence that such employer has neglected or failed in respect of any of
50 the matters so required. Any employer who fails to comply with the
51 provisions of this section shall be required to pay to the board a fine
52 of [up to two hundred fifty] FIVE HUNDRED dollars for each violation, in
53 addition to any other penalties imposed by law to be deposited into the
54 uninsured employers' fund.
55 S 12. The workers' compensation law is amended by adding a new section
56 110-b to read as follows:
S. 1746 7
1 S 110-B. REPORTING OF INJURIES TO EMPLOYER. EVERY FARM LABOR CONTRAC-
2 TOR, FOREMAN OR SUPERVISOR OF FARM LABORERS WHO HAS NOTICE OF ANY INJURY
3 TO A FARM LABORER INCURRED DURING THE COURSE OF EMPLOYMENT SHALL BE
4 REQUIRED TO INFORM THE EMPLOYER, OWNER OR OPERATOR OF A FARM OF ANY SUCH
5 INJURY.
6 S 13. The first undesignated paragraph of section 120 of the workers'
7 compensation law, as amended by chapter 61 of the laws of 1989, is
8 amended to read as follows:
9 It shall be unlawful for any employer or his or her duly authorized
10 agent to discharge or in any other manner discriminate against an
11 employee as to his or her employment because such employee has claimed
12 or attempted to claim compensation from such employer, REQUESTED A CLAIM
13 FORM FOR INJURIES RECEIVED IN THE COURSE OF EMPLOYMENT, or because he or
14 she has testified or is about to testify in a proceeding under this
15 chapter and no other valid reason is shown to exist for such action by
16 the employer.
17 S 14. The opening paragraph of paragraph A of subdivision 6 of section
18 201 of the workers' compensation law, as amended by chapter 481 of the
19 laws of 2010, is amended to read as follows:
20 "Employment" means employment in any trade, business or occupation
21 carried on by an employer, except that the following shall not be deemed
22 employment under this article: services performed for the state, a
23 municipal corporation, local governmental agency, other political subdi-
24 vision or public authority; employment subject to the federal railroad
25 unemployment insurance act; service performed on or as an officer or
26 member of the crew of a vessel on the navigable water of the United
27 States or outside the United States; [service as farm laborers;] casual
28 employment and the first forty-five days of extra employment of employ-
29 ees not regularly in employment as otherwise defined herein; service as
30 golf caddies; and service during all or any part of the school year or
31 regular vacation periods as a part-time worker of any person actually in
32 regular attendance during the day time as a student in an elementary or
33 secondary school. The term "employment" shall include domestic or
34 personal work in a private home. The term "employment" shall not include
35 the services of a licensed real estate broker or sales associate if it
36 be proven that (a) substantially all of the remuneration (whether or not
37 paid in cash) for the services performed by such broker or sales associ-
38 ate is directly related to sales or other output (including the perform-
39 ance of services) rather than to the number of hours worked; (b) the
40 services performed by the broker or sales associate are performed pursu-
41 ant to a written contract executed between such broker or sales associ-
42 ate and the person for whom the services are performed within the past
43 twelve to fifteen months; and (c) the written contract provided for in
44 subparagraph (b) of this paragraph was not executed under duress and
45 contains the following provisions:
46 S 15. Nothing in this act shall be deemed to diminish the rights,
47 privileges, or remedies of any farm laborer under any collective
48 bargaining agreement entered into on or after the effective date of this
49 act.
50 S 16. This act shall take effect immediately, provided that section
51 fifteen of this act shall take effect on the one hundred eightieth day
52 after it shall have become a law, and provided further, that sections
53 five, eight, and nine of this act shall take effect January 1, 2014.