Bill Text: NY S06924 | 2019-2020 | General Assembly | Introduced
Bill Title: Defines certain collective bargaining rights for farm laborers, repeals certain provisions of chapter 105 of the laws of 2019 and repeals certain provisions of the labor law and workers' compensation law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S06924 Detail]
Download: New_York-2019-S06924-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6924 2019-2020 Regular Sessions IN SENATE December 20, 2019 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the labor law, in relation to collective bargaining rights to farm laborers; to amend the public health law, in relation to the application of the sanitary code to all farm and food process- ing labor camps for migrant workers; to amend the workers' compen- sation law in relation to the eligibility of farm laborers for work- ers' compensation benefits and in relation to service as farm laborers; to amend the labor law, in relation to labor on a farm; to repeal sections 1, 2, 24 and 25 of chapter 105 of the laws of 2019 relating to farm laborers; and repealing certain provisions of the labor law and the workers' compensation law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Sections 1, 2, 24 and 25 of chapter 105 of the laws of 2019 2 are REPEALED. 3 § 2. Paragraph (a) of subdivision 3 of section 701 of the labor law, 4 as amended by chapter 105 of the laws of 2019, is amended to read as 5 follows: 6 (a) The term "employees" includes but is not restricted to any indi- 7 vidual employed by a labor organization; any individual whose employment 8 has ceased as a consequence of, or in connection with, any current labor 9 dispute or because of any unfair labor practice, and who has not 10 obtained any other regular and substantially equivalent employment; and 11 shall not be limited to the employees of a particular employer, unless 12 the article explicitly states otherwise, but shall not include any indi- 13 vidual employed by his parent or spouse or in the domestic service of 14 and directly employed, controlled and paid by any person in his home, 15 any individual whose primary responsibility is the care of a minor child 16 or children and/or someone who lives in the home of a person for the 17 purpose of serving as a companion to a sick, convalescing or elderly EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14543-01-9S. 6924 2 1 person or any individuals employed only for the duration of a labor 2 dispute, or any individuals employed as farm laborers or, any individual 3 who participates in and receives rehabilitative or therapeutic services 4 in a charitable non-profit rehabilitation facility or sheltered workshop 5 or any individual employed in a charitable non-profit rehabilitation 6 facility or sheltered workshop who has received rehabilitative or thera- 7 peutic services and whose capacity to perform the work for which he is 8 engaged is substantially impaired by physical or mental deficiency or 9 injury. 10 § 3. Paragraph (c) of subdivision 3 of section 701 of the labor law is 11 REPEALED. 12 § 4. The closing paragraph of subdivision 1 of section 161 of the 13 labor law is REPEALED. 14 § 5. Paragraphs b and d of subdivision 2 of section 161 of the labor 15 law, as amended by chapter 105 of the laws of 2019, are amended to read 16 as follows: 17 b. Employees in dairies, creameries, milk condenseries, milk powder 18 factories, milk sugar factories, milk shipping stations, butter and 19 cheese factories, ice cream manufacturing plants and milk bottling 20 plants, where not more than seven persons are employed; 21 d. Employees whose duties include not more than three hours' work on 22 Sunday in setting sponges in bakeries, caring for live animals, main- 23 taining fires, or making necessary repairs to boilers or machinery. 24 § 6. Section 163-a of the labor law is REPEALED. 25 § 7. The opening paragraph of paragraph (a) of subdivision 6 of 26 section 511 of the labor law, as amended by chapter 105 of the laws of 27 2019, is amended to read as follows: 28 The term "employment" [includes] does not include agricultural labor 29 unless it is covered pursuant to section five hundred sixty-four. The 30 term "agricultural labor" includes all service performed: 31 § 8. Section 564 of the labor law, as amended by section 8, subdivi- 32 sion 2 as added and subdivision 3 as renumbered by section 23 of chapter 33 105 of the laws of 2019, is amended to read as follows: 34 § 564. Agricultural labor [crew leaders]. 1. Coverage. (a) Notwith- 35 standing the provisions of section five hundred sixty of this article, 36 an employer of persons engaged in agricultural labor shall become liable 37 for contributions under this article if the employer: 38 (1) has paid cash remuneration of twenty thousand dollars or more in 39 any calendar quarter to persons employed in agricultural labor, and such 40 liability shall commence on the first day of such quarter, or 41 (2) has employed in agricultural labor ten or more persons on each of 42 twenty days during a calendar year or the preceding calendar year, each 43 day being in a different calendar week, and the liability shall in such 44 event commence on the first day of the calendar year, or 45 (3) is liable for the tax imposed under the federal unemployment tax 46 act as an employer of agricultural labor and the liability shall in such 47 event commence on the first day of the calendar quarter in such calendar 48 year when he first paid remuneration for agricultural labor in this 49 state. 50 (b) An employer who becomes liable for contributions under paragraph 51 (a) of this subdivision shall cease to be liable as of the first day of 52 a calendar quarter next following the filing of a written application 53 provided the commissioner finds that the employer: 54 (1) has not paid to persons employed in agricultural labor cash remun- 55 eration of twenty thousand dollars or more in any of the eight calendar 56 quarters preceding such day, andS. 6924 3 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. Crew leader. Whenever a person renders services as a member of a 7 crew which is paid and furnished by the crew leader to perform services 8 in agricultural labor for another employer, such other employer shall, 9 for the purpose of this article, be deemed to be the employer of such 10 person, unless: 11 [1.] (a) the crew leader holds a valid certificate of registration 12 under the federal farm labor contractor registration act of nineteen 13 hundred sixty-three or substantially all the members of the crew operate 14 or maintain tractors, mechanized harvesting or [crop dusting] cropdust- 15 ing machinery or any other mechanized equipment which is provided by the 16 crew leader, and 17 [2. Exclusion from coverage. For purposes of this section the term18"employment" shall not include services rendered by an individual who is19admitted to the United States to perform agricultural labor pursuant to208 USC 1188 if, at the time such services are rendered, they are excluded21from the definition of employment in section 3306(c) of the Federal22Unemployment Tax Act.233.] (b) the crew leader is not an employee of such other employer and 24 has not entered into a written agreement with such employer under which 25 he is designated as an employee. 26 § 9. Paragraph (m) of subdivision 5 of section 225 of the public 27 health law, as amended by chapter 105 of the laws of 2019, is amended to 28 read as follows: 29 (m) require that application be made for a permit to operate a farm or 30 food processing labor camp as defined in the sanitary code; authorize 31 appropriate officers or agencies to issue such a permit when the appli- 32 cant is in compliance with the established regulations; prescribe stand- 33 ards for living quarters at farm and food processing labor camps, 34 including provisions for sanitary conditions; light, air, and safety; 35 protection from fire hazards; maintenance; and such other matters as may 36 be appropriate for security of life or health, provided however, that 37 the provisions of the sanitary code established pursuant to the 38 provisions hereof shall apply to all farm and food processing labor 39 camps intended to house migrant workers and which are occupied by five 40 or more persons. In the preparation of such regulations, the public 41 health and health planning council may request and shall receive techni- 42 cal assistance from the board of standards and appeals of the state 43 department of labor and the state building code commission. Such regu- 44 lation shall be enforced in the same manner as are other provisions of 45 the sanitary code; 46 § 10. Groups 14-a and 14-b of subdivision 1 of section 3 of the work- 47 ers' compensation law, as amended by chapter 105 of the laws of 2019, 48 are amended to read as follows: 49 Group 14-a. On and after January first, nineteen hundred sixty-two, 50 any other employment in a trade, business, or occupation carried on by 51 the employer for pecuniary gain in which one or more employees other 52 than farm laborers are employed. 53 Group 14-b. Employment as a farm laborer as provided herein. A farmer 54 shall provide coverage under this chapter for all farm laborers employed 55 during any part of the twelve consecutive months beginning April first 56 of any calendar year preceded by a calendar year in which the cashS. 6924 4 1 remuneration paid to all farm laborers aggregated twelve hundred dollars 2 or more. 3 § 11. Section 51 of the workers' compensation law, as amended by chap- 4 ter 105 of the laws of 2019, is amended to read as follows: 5 § 51. Posting of notice regarding compensation. Every employer who has 6 complied with section fifty of this article shall post and maintain in a 7 conspicuous place or places in and about his place or places of business 8 typewritten or printed [in English and Spanish] notices in form 9 prescribed by the chairman, stating the fact that he has complied with 10 all the rules and regulations of the chairman and the board and that he 11 has secured the payment of compensation to his employees and their 12 dependents in accordance with the provisions of this chapter, but fail- 13 ure to post such notice as herein provided shall not in any way affect 14 the exclusiveness of the remedy provided for by section eleven of this 15 chapter. Every employer who owns or operates automotive or horse-drawn 16 vehicles and has no minimum staff of regular employees required to 17 report for work at an established place of business maintained by such 18 employer and every employer who is engaged in the business of moving 19 household goods or furniture shall post such notices in each and every 20 vehicle owned or operated by him. Failure to post or maintain such 21 notice in any of said vehicles shall constitute presumptive evidence 22 that such employer has failed to secure the payment of compensation. The 23 chairman may require any employer to furnish a written statement at any 24 time showing the stock corporation, mutual corporation or reciprocal 25 insurer in which such employer is insured or the manner in which such 26 employer has complied with any provision of this chapter. Failure for a 27 period of ten days to furnish such written statement shall constitute 28 presumptive evidence that such employer has neglected or failed in 29 respect of any of the matters so required. Any employer who fails to 30 comply with the provisions of this section shall be required to pay to 31 the board a fine of [five hundred] up to two hundred fifty dollars for 32 each violation, in addition to any other penalties imposed by law to be 33 deposited into the uninsured employers' fund. 34 § 12. Section 110-b of the workers' compensation law is REPEALED. 35 § 13. The opening paragraph of section 120 of the workers' compen- 36 sation law, as amended by chapter 105 of the laws of 2019, is amended to 37 read as follows: 38 It shall be unlawful for any employer or his or her duly authorized 39 agent to discharge or fail to reinstate pursuant to section two hundred 40 three-b of this chapter, or in any other manner discriminate against an 41 employee as to his or her employment because such employee has claimed 42 or attempted to claim compensation from such employer, [requested a43claim form for injuries received in the course of employment,] or 44 claimed or attempted to claim any benefits provided under this chapter 45 or because he or she has testified or is about to testify in a proceed- 46 ing under this chapter and no other valid reason is shown to exist for 47 such action by the employer. 48 § 14. The opening paragraph of paragraph A of subdivision 6 of section 49 201 of the workers' compensation law, as amended by chapter 105 of the 50 laws of 2019, is amended to read as follows: 51 "Employment" means employment in any trade, business or occupation 52 carried on by an employer, except that the following shall not be deemed 53 employment under this article: services performed for the state, a 54 municipal corporation, local governmental agency, other political subdi- 55 vision or public authority; employment subject to the federal railroad 56 unemployment insurance act; service performed on or as an officer orS. 6924 5 1 member of the crew of a vessel on the navigable water of the United 2 States or outside the United States; service as farm laborers; casual 3 employment and the first forty-five days of extra employment of employ- 4 ees not regularly in employment as otherwise defined herein; service as 5 golf caddies; and service during all or any part of the school year or 6 regular vacation periods as a part-time worker of any person actually in 7 regular attendance during the day time as a student in an elementary or 8 secondary school. The term "employment" shall include domestic or 9 personal work in a private home. The term "employment" shall not include 10 the services of a licensed real estate broker or sales associate if it 11 be proven that (a) substantially all of the remuneration (whether or not 12 paid in cash) for the services performed by such broker or sales associ- 13 ate is directly related to sales or other output (including the perform- 14 ance of services) rather than to the number of hours worked; (b) the 15 services performed by the broker or sales associate are performed pursu- 16 ant to a written contract executed between such broker or sales associ- 17 ate and the person for whom the services are performed within the past 18 twelve to fifteen months; and (c) the written contract provided for in 19 subparagraph (b) of this paragraph was not executed under duress and 20 contains the following provisions: 21 § 15. The opening paragraph of subdivision 5 of section 651 of the 22 labor law, as amended by chapter 105 of the laws of 2019, is amended to 23 read as follows: 24 "Employee" includes any individual employed or permitted to work by an 25 employer in any occupation, but shall not include any individual who is 26 employed or permitted to work: (a) on a casual basis in service as a 27 part time baby sitter in the home of the employer; (b) in labor on a 28 farm; (c) in a bona fide executive, administrative, or professional 29 capacity; [(c)] (d) as an outside salesman; [(d)] (e) as a driver 30 engaged in operating a taxicab; [(e)] (f) as a volunteer, learner or 31 apprentice by a corporation, unincorporated association, community 32 chest, fund or foundation organized and operated exclusively for reli- 33 gious, charitable or educational purposes, no part of the net earnings 34 of which inures to the benefit of any private shareholder or individual; 35 [(f)] (g) as a member of a religious order, or as a duly ordained, 36 commissioned or licensed minister, priest or rabbi, or as a sexton, or 37 as a christian science reader; [(g)] (h) in or for such a religious or 38 charitable institution, which work is incidental to or in return for 39 charitable aid conferred upon such individual and not under any express 40 contract of hire; [(h)] (i) in or for such a religious, educational or 41 charitable institution if such individual is a student; [(i)] (j) in or 42 for such a religious, educational or charitable institution if the earn- 43 ing capacity of such individual is impaired by age or by physical or 44 mental deficiency or injury; [(j)] (k) in or for a summer camp or 45 conference of such a religious, educational or charitable institution 46 for not more than three months annually; [(k)] (l) as a staff counselor 47 in a children's camp; [(l)] (m) in or for a college or university 48 fraternity, sorority, student association or faculty association, no 49 part of the net earnings of which inures to the benefit of any private 50 shareholder or individual, and which is recognized by such college or 51 university, if such individual is a student; [(m)] (n) by a federal, 52 state or municipal government or political subdivision thereof; [(n)] 53 (o) as a volunteer at a recreational or amusement event run by a busi- 54 ness that operates such events, provided that no single such event lasts 55 longer than eight consecutive days and no more than one such event 56 concerning substantially the same subject matter occurs in any calendarS. 6924 6 1 year, where (1) any such volunteer shall be at least eighteen years of 2 age, (2) a business seeking coverage under this paragraph shall notify 3 every volunteer in writing, in language acceptable to the commissioner, 4 that by volunteering his or her services, such volunteer is waiving his 5 or her right to receive the minimum wage pursuant to this article, and 6 (3) such notice shall be signed and dated by a representative of the 7 business and the volunteer and kept on file by the business for thirty- 8 six months; or [(o)] (p) in the delivery of newspapers or shopping news 9 to the consumer by a person who is not performing commercial goods 10 transportation services for a commercial goods transportation contractor 11 within the meaning of article twenty-five-C of this chapter. The exclu- 12 sions from the term "employee" contained in this subdivision shall be as 13 defined by regulations of the commissioner. 14 § 16. Subdivision 1 of section 674 of the labor law, as amended by 15 chapter 105 of the laws of 2019, is amended to read as follows: 16 1. The commissioner may promulgate such regulations as he deems appro- 17 priate to carry out the purposes of this article and to safeguard mini- 18 mum wage standards. Such regulations may include, but are not limited 19 to, the defining of the circumstances or conditions for the acceptance 20 of non-hourly rates and piece rates as equivalent to the minimum hourly 21 rates established by this article. Such regulations also may include, 22 but are not limited to, waiting time and call-in pay rates; wage 23 provisions governing guaranteed earnings during specified periods of 24 work; allowances for meals, lodging, and other items, services and 25 facilities when furnished by the employer; and the employment of indi- 26 viduals whose earning capacity is affected or impaired by youth or age, 27 or by physical or mental deficiency or injury, under special certif- 28 icates issued by the commissioner, at such wages lower than the minimum 29 wage established by this article and for such period as shall be 30 prescribed in such regulations. 31 § 17. Subdivision 2 of section 701 of the labor law, as amended by 32 chapter 105 of the laws of 2019, is amended to read as follows: 33 2. [(a)] The term "employer" includes any person acting on behalf of 34 or in the interest of an employer, directly or indirectly, with or with- 35 out his knowledge, and shall include any person who is the purchaser of 36 services performed by a person described in paragraph (b) of subdivision 37 three of this section, but a labor organization or any officer or agent 38 thereof shall only be considered an employer with respect to individuals 39 employed by such organization. 40 [(b) The term "employer" includes agricultural employers. The term41"agricultural employer" shall mean any employer engaged in cultivating42the soil or in raising or harvesting any agricultural or horticultural43commodity including custom harvesting operators, and employers engaged44in the business of crops, livestock and livestock products as defined in45section three hundred one of the agriculture and markets law, or other46similar agricultural enterprises.] 47 § 18. The closing paragraph of section 703 of the labor law is 48 REPEALED. 49 § 19. Section 704-b of the labor law is REPEALED. 50 § 20. Subdivision 1-a of section 705 of the labor law is REPEALED. 51 § 21. Section 702-b of the labor law is REPEALED. 52 § 22. Section 674-a of the labor law is REPEALED. 53 § 23. Severability clause. If any clause, sentence, paragraph, subdi- 54 vision, section or part of this act shall be adjudged by any court of 55 competent jurisdiction to be invalid, such judgment shall not affect, 56 impair, or invalidate the remainder thereof, but shall be confined inS. 6924 7 1 its operation to the clause, sentence, paragraph, subdivision, section 2 or part thereof directly involved in the controversy in which such judg- 3 ment shall have been rendered. It is hereby declared to be the intent of 4 the legislature that this act would have been enacted even if such 5 invalid provisions had not been included herein. 6 § 24. This act shall take effect immediately and shall be deemed to 7 have been in full force and effect on and after January 1, 2020.
