senate Bill S2247

Amended

Enacts the farmworkers fair labor practices act, granting collective bargaining rights, workers' compensation and unemployment benefits to farmworkers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Feb / 2009
    • REFERRED TO LABOR
  • 01 / Jun / 2009
    • REPORTED AND COMMITTED TO CODES
  • 06 / Jan / 2010
    • REFERRED TO LABOR
  • 08 / Jan / 2010
    • AMEND (T) AND RECOMMIT TO LABOR
  • 08 / Jan / 2010
    • PRINT NUMBER 2247A
  • 14 / Jan / 2010
    • AMEND (T) AND RECOMMIT TO LABOR
  • 14 / Jan / 2010
    • PRINT NUMBER 2247B
  • 20 / Jan / 2010
    • REPORTED AND COMMITTED TO CODES
  • 21 / Jan / 2010
    • COMMITTEE DISCHARGED AND COMMITTED TO AGRICULTURE
  • 08 / Mar / 2010
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 20 / Apr / 2010
    • CONSIDERED BY COMMITTEE - DEFEATED

Summary

Enacts the farmworkers fair labor practices act: grants collective bargaining rights to farm laborers; requires employers of farm laborers to allow at least 24 consecutive hours of rest each week; provides for a 10 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate; makes provisions of unemployment insurance law applicable to farm laborers; provides sanitary code shall apply to all farm and food processing labor camps intended to house migrant workers, regardless of the number of occupants; provides for eligibility of farm laborers for workers' compensation benefits; requires employers of farm laborers to provide such farm laborers with claim forms for workers' compensation claims under certain conditions; requires reporting of injuries to employers of farmworkers.

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Bill Details

See Assembly Version of this Bill:
A1867
Versions:
S2247
S2247A
S2247B
Legislative Cycle:
2009-2010
Current Committee:
Senate Agriculture
Law Section:
Labor Law
Laws Affected:
Amd §§2, 161, 564, 674 & 701, add §§163-a, 704-b & 719, Lab L; amd §225, Pub Health L; amd §§51, 120 & 201, add §110-b, Work Comp L
Versions Introduced in 2007-2008 Legislative Cycle:
S3884, A7528

Sponsor Memo

BILL NUMBER: S2247

TITLE OF BILL :

An act to amend the labor law, in relation to granting collective
bargaining rights to farm laborers and allowing farm workers one day
of rest each week and including farm laborers within the provisions
pertaining to overtime compensation and unemployment insurance; to
amend the public health law, in relation to the application of the
sanitary code to all farm and food processing labor camps for migrant
workers; to amend the workers' compensation law, in relation to the
eligibility of farm laborers for workers' compensation benefits and
the provision of claim forms to farm laborers injured in the course of
employment and in relation to service as farm laborers; and to amend
the labor law, in relation to labor on a farm and regulating the
employment of certain employees whose earning capacity is affected or
impaired by youth or age


PURPOSE OR GENERAL IDEA OF BILL :

To establish the Farmworkers Fair Labor Practices Act to grant
farmworkers collective bargaining rights, workers' compensation,
unemployment benefits, a day of rest and other labor protections
provided to other workers in New York.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill entitles the bill "The Farmworkers Fair Labor
Practices Act."

Section 2 of the bill amends Labor Law Section 701 to provide
collective bargaining rights to farm workers.

Sections 3 and 4 of the bill amend Labor Law Section 161 to allow farm
workers 24 hours of rest during each calendar week.

Sections 5-6 of the bill amend Labor Law Sections 160 & 220
respectively to establish that eight hours shall constitute a legal
day's work for farm workers.

Section 7 of the bill provides that farm workers shall be paid
overtime after eight hours of work at the rate of time and one half
times the worker's normal wage rate.

Sections 8 and 9 of the bill amend Labor Law Sections 511 and 564
respectively to provide unemployment insurance for farmworkers.

Section 10 of the bill amends Public Health Section 225 to expand the
application of the sanitary code to farms occupied by migrant workers.

Section 11 of the bill amends Workers' Compensation law Section 3 to
establish the same eligibility for farmworkers as other workers for
workers' compensation.

Section 12 of the bill amends Workers' Compensation Law Section 51 to
require the posting of ,notice of workers' compensation insurance in
English and Spanish, and to increase the penalty from $250 to $500 for
failure to post such notice.

Section 13 of the bill amends the Workers' Compensation Law to require
foremen who receive notice of an injury to a worker suffered in the
course of farm employment to inform the employer of the injury.



Section 14 of the bill amends the Workers' Compensation Law Section
120 to make it unlawful to discharge an employee for requesting a
claim form regarding injuries incurred in the course of employment.

Section 15 of the bill amends Workers' Compensation Law Section 201 to
provide farm workers disability insurance coverage.

Section 16 of the bill amends Labor Law Section 65 to include
farmworkers within the Minimum Wage Act.

Section 17 of the bill amends Labor Law Section 674 to exclude the
subminimum wage for underage farm workers.

Section 18 of the bill establishes the effective date.

JUSTIFICATION :

Farmworkers perform essential services for New York's agricultural
industry. Their work is labor intensive involving arduous tasks,
exposure to pesticides, and long hours. Farmworkers suffer injuries
and illnesses in the course of their employment. The labor protections
that New York affords to other employees in the state such as workers'
compensation, disability coverage, a day of rest, overtime and
unemployment insurance should apply equally to farm workers. Further,
providing farmworkers with the right to collective bargaining would
afford them a basic right that has long existed for many other public
and private employees in New York.

PRIOR LEGISLATIVE HISTORY :

2008: S.3884 Reported to Rules; 2007-2008: A.7528 Advanced to 3rd
Reading

FISCAL IMPLICATIONS :

None to the state.

EFFECTIVE DATE :
Immediately, but section ten of the act shall take effect on the
thirtieth day after it becomes a law.
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