assembly Bill A1867B

2009-2010 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2010 amended on third reading (t) 1867b
Jan 12, 2010 amended on third reading (t) 1867a
Jan 06, 2010 ordered to third reading cal.170
returned to assembly
died in senate
Jun 08, 2009 referred to rules
delivered to senate
passed assembly
May 14, 2009 advanced to third reading cal.558
May 12, 2009 reported
Feb 11, 2009 reported referred to ways and means
Feb 04, 2009 reported referred to codes
Jan 12, 2009 referred to labor

A1867 - Details

See Senate Version of this Bill:
S2247
Law Section:
Labor Law
Laws Affected:
Amd §§2, 161, 564, 651, 674 & 701, add §§163-a, 704-b & 719, Lab L; amd §225, Pub Health L; amd §51, add §110-b, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1652, S964, S1862
2013-2014: A1792, S1743
2015-2016: A4762, S1291
2017-2018: A1223, S235

A1867 - 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 an 8 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate (view more) makes provisions of unemployment insurance law applicable to farm laborers; defines "work agreement" and mandates use thereof; 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.

A1867 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1867

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Labor

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections one through seventeen of this act shall  be  known
and may be cited as "The Farmworkers Fair Labor Practices Act".
  S  2.  Paragraph (a) of subdivision 3 of section 701 of the labor law,
as amended by chapter 43 of the laws of 1989,  is  amended  to  read  as
follows:
  (a)  The  term "employees" includes but is not restricted to any indi-
vidual employed by a labor organization; any individual whose employment
has ceased as a consequence of, or in connection with, any current labor
dispute or because of  any  unfair  labor  practice,  and  who  has  not
obtained  any other regular and substantially equivalent employment; and
shall not be limited to the employees of a particular  employer,  unless
the article explicitly states otherwise, but shall not include any indi-
vidual  employed  by  his parent or spouse or in the domestic service of
and directly employed, controlled and paid by any person  in  his  home,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01159-01-9

A1867A - Details

See Senate Version of this Bill:
S2247
Law Section:
Labor Law
Laws Affected:
Amd §§2, 161, 564, 651, 674 & 701, add §§163-a, 704-b & 719, Lab L; amd §225, Pub Health L; amd §51, add §110-b, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1652, S964, S1862
2013-2014: A1792, S1743
2015-2016: A4762, S1291
2017-2018: A1223, S235

A1867A - 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 an 8 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate (view more) makes provisions of unemployment insurance law applicable to farm laborers; defines "work agreement" and mandates use thereof; 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.

A1867A - Sponsor Memo

A1867A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1867--A
                                                        Cal. No. 170

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M.  of  A.  NOLAN,  MILLMAN, BARRON, LANCMAN, GOTTFRIED,
  DenDEKKER, O'DONNELL, MAISEL, CASTRO, P. RIVERA, ENGLEBRIGHT,  LIFTON,
  ORTIZ,  PERRY,  COOK,  SCARBOROUGH  --  Multi-Sponsored by -- M. of A.
  BRENNAN, GLICK, HEASTIE, MAYERSOHN,  MENG,  PERALTA,  PHEFFER,  TOWNS,
  WEISENBERG  --  read  once  and  referred to the Committee on Labor --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

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; 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; and 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the  "Farmwork-
ers Fair Labor Practices Act".
  S 2. Section 2 of the labor law is amended by adding a new subdivision
16 to read as follows:
  16.  "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED IN AGRICULTURAL
EMPLOYMENT IN CONNECTION WITH CULTIVATING THE  SOIL,  OR  IN  CONNECTION
WITH  RAISING  OR  HARVESTING  OF  AGRICULTURAL  COMMODITIES,  INCLUDING
SERVICES PERFORMED ON ORCHARDS, PLANTATIONS, NURSERIES AND  GREENHOUSES,
AND  SHALL  INCLUDE  THE  RAISING,  HATCHING,  SHEARING,  CARING FOR AND

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A1867B (ACTIVE) - Details

See Senate Version of this Bill:
S2247
Law Section:
Labor Law
Laws Affected:
Amd §§2, 161, 564, 651, 674 & 701, add §§163-a, 704-b & 719, Lab L; amd §225, Pub Health L; amd §51, add §110-b, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1652, S964, S1862
2013-2014: A1792, S1743
2015-2016: A4762, S1291
2017-2018: A1223, S235

A1867B (ACTIVE) - 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 an 8 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate (view more) makes provisions of unemployment insurance law applicable to farm laborers; defines "work agreement" and mandates use thereof; 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.

A1867B (ACTIVE) - Sponsor Memo

A1867B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1867--B
                                                        Cal. No. 170

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M.  of  A.  NOLAN,  MILLMAN, BARRON, LANCMAN, GOTTFRIED,
  DenDEKKER, O'DONNELL, MAISEL, CASTRO, P. RIVERA, ENGLEBRIGHT,  LIFTON,
  ORTIZ,  PERRY,  COOK,  SCARBOROUGH  --  Multi-Sponsored by -- M. of A.
  BRENNAN, GLICK, HEASTIE, MAYERSOHN,  MENG,  PERALTA,  PHEFFER,  TOWNS,
  WEISENBERG  --  read  once  and  referred to the Committee on Labor --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place on the order of third reading
  -- again amended on third reading, ordered  reprinted,  retaining  its
  place on the order of third reading

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; 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; and to amend
  the  workers' 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:

  Section  1. This act shall be known and may be cited as the "Farmwork-
ers Fair Labor Practices Act".
  S 2. Section 2 of the labor law is amended by adding a new subdivision
16 to read as follows:
  16. "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED IN  AGRICULTURAL
EMPLOYMENT  IN  CONNECTION  WITH  CULTIVATING THE SOIL, OR IN CONNECTION
WITH  RAISING  OR  HARVESTING  OF  AGRICULTURAL  COMMODITIES,  INCLUDING

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

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