Bill Text: NY S07975 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to hours of work for farm laborers and the right to collectively bargain; defines "farm laborer" and "immediate family".

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-03-05 - REFERRED TO LABOR [S07975 Detail]

Download: New_York-2019-S07975-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7975

                    IN SENATE

                                      March 5, 2020
                                       ___________

        Introduced  by  Sens.  METZGER, RAMOS -- 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  certain  rights  of  farm
          laborers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The closing paragraph of subdivision 1 of  section  161  of
     2  the  labor  law, as added by chapter 105 of the laws of 2019, is amended
     3  to read as follows:
     4    Every person employed as a farm laborer, as such term  is  defined  in
     5  paragraph  (c) of subdivision three of section seven hundred one of this
     6  chapter, shall be allowed at least twenty-four consecutive hours of rest
     7  in each and every calendar week.  This requirement shall  not  apply  to
     8  the  parent,  child,  spouse or other member of the employer's immediate
     9  family. The term "employer" shall  have the same meaning as  defined  in
    10  paragraphs  (a)  and (b) of subdivision two of section seven hundred one
    11  of this chapter. The term "immediate family member"  shall  mean  family
    12  related  to  the  third degree of consanguinity or affinity. Twenty-four
    13  consecutive hours spent at rest because of circumstances, such as weath-
    14  er or crop conditions, shall be deemed to constitute the  rest  required
    15  by  this paragraph. No provision of this paragraph shall prohibit a farm
    16  laborer from voluntarily agreeing to work on such day of  rest  required
    17  by  this  paragraph, provided that the farm laborer is compensated at an
    18  overtime rate which is at least one and  one-half  times  the  laborer's
    19  regular  rate  of pay for all hours worked on such day of rest. The term
    20  "farm labor"  shall  include  all  services  performed  in  agricultural
    21  employment  in  connection  with  cultivating the soil, or in connection
    22  with raising or harvesting of agricultural  commodities,  including  the
    23  raising,  shearing,  caring  for and management of livestock, poultry or
    24  dairy. The day of rest authorized under this subdivision should, whenev-
    25  er possible, coincide with the traditional  day  reserved  by  the  farm
    26  laborer for religious worship.
    27    §  2.  Section  163-a of the labor law, as added by chapter 105 of the
    28  laws of 2019, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14968-03-0

        S. 7975                             2

     1    § 163-a. Farm laborers. No person  or  corporation  operating  a  farm
     2  shall  require  any  [employee] farm laborer, as such term is defined in
     3  paragraph (c) of subdivision three of section seven hundred one of  this
     4  chapter,  to  work more than sixty hours in any calendar week; provided,
     5  however,  that any overtime work performed by a farm laborer shall be at
     6  a rate which is at least one and one-half times  the  laborer's  regular
     7  rate  of  pay.  No  wage order subject to the provisions of this chapter
     8  shall be applicable to a farm laborer other than  a  wage  order  estab-
     9  lished  pursuant  to  section  six  hundred  seventy-four or six hundred
    10  seventy-four-a of this chapter.
    11    § 3. Paragraph (c) of subdivision 3 of section 701 of the  labor  law,
    12  as  added  by  chapter  105  of  the laws of 2019, is amended to read as
    13  follows:
    14    (c) The term "employee" shall also include farm laborers. "Farm labor-
    15  ers" shall mean any individual engaged or permitted by  an  employer  to
    16  work on a farm, except the parent, spouse, child, or other member of the
    17  employer's  immediate  family.  The  term  "immediate family" shall mean
    18  family related to the third degree of  consanguinity  or  affinity.  The
    19  term  "farm  laborers" shall not include any person who is an executive,
    20  an administrative or professional employee, or a foreman in charge.
    21    § 4. Section 703 of the labor law, as added by chapter 773 of the laws
    22  of 1940, the closing paragraph as added by chapter 105 of  the  laws  of
    23  2019, is amended to read as follows:
    24    § 703. Rights of employees. Employees shall have the right of self-or-
    25  ganization,  to  form,  join,  or assist labor organizations, to bargain
    26  collectively through representatives  of  their  own  choosing,  and  to
    27  engage in concerted activities, for the purpose of collective bargaining
    28  or other mutual aid or protection, free from interference, restraint, or
    29  coercion  of  employers,  but nothing contained in this article shall be
    30  interpreted to prohibit employees from exercising the  right  to  confer
    31  with  their  employer  at any time, provided that during such conference
    32  there is no attempt by the employer, directly or indirectly,  to  inter-
    33  fere  with,  restrain  or coerce employees in the exercise of the rights
    34  guaranteed by this section.   No farm  laborer  shall  be  in  the  same
    35  collective  bargaining unit as any person who is an executive, an admin-
    36  istrative or professional employee, or a foreman in charge.
    37    Notwithstanding any other provision of law, for farm laborers the term
    38  "concerted activities" shall not include a  right  to  strike  or  other
    39  concerted stoppage of work or slowdown.
    40    § 5. This act shall take effect immediately.
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