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. LBD14968-03-0S. 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.