senate Bill S2247B

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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Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 20, 2010 considered by committee - defeated
Mar 08, 2010 notice of committee consideration - requested
Jan 21, 2010 committee discharged and committed to agriculture
Jan 20, 2010 reported and committed to codes
Jan 14, 2010 print number 2247b
Jan 14, 2010 amend (t) and recommit to labor
Jan 08, 2010 print number 2247a
Jan 08, 2010 amend (t) and recommit to labor
Jan 06, 2010 referred to labor
Jun 01, 2009 reported and committed to codes
Feb 13, 2009 referred to labor

Votes

view votes

Apr 20, 2010 - Agriculture committee Vote

S2247B
1
6
committee
1
Aye
6
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: Apr 20, 2010

aye (1)
aye wr (2)

Jan 20, 2010 - Labor committee Vote

S2247B
9
3
committee
9
Aye
3
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Co-Sponsors

view additional co-sponsors

S2247 (ACTIVE) - Details

See Assembly Version of this Bill:
A1867
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 Other Legislative Sessions:
2011-2012: S964, S1862, A1652
2013-2014: S1743, A1792
2015-2016: S1291, A4762
2017-2018: S235, A1223

S2247 (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 a 10 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; 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.

S2247 (ACTIVE) - Sponsor Memo

S2247 (ACTIVE) - Bill Text download pdf

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

                                  2247

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by Sens. ONORATO, BRESLIN, ADDABBO, SAVINO -- 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 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

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

Co-Sponsors

view additional co-sponsors

S2247A (ACTIVE) - Details

See Assembly Version of this Bill:
A1867
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 Other Legislative Sessions:
2011-2012: S964, S1862, A1652
2013-2014: S1743, A1792
2015-2016: S1291, A4762
2017-2018: S235, A1223

S2247A (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 a 10 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; 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.

S2247A (ACTIVE) - Sponsor Memo

S2247A (ACTIVE) - Bill Text download pdf

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

                                 2247--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced by Sens. ONORATO, BRESLIN, ADAMS, ADDABBO, DIAZ, DUANE, ESPA-
  DA, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KLEIN, KRUEGER, MARCELLINO,
  MONSERRATE, MONTGOMERY, OPPENHEIMER, PADAVAN, PARKER, PERKINS, ROBACH,
  SAMPSON,    SAVINO,   SCHNEIDERMAN,   SERRANO,   SQUADRON,   STAVISKY,
  STEWART-COUSINS, THOMPSON -- read twice and ordered printed, and  when
  printed  to  be  committed to the Committee on Labor -- recommitted to
  the Committee on Labor in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01159-11-0

Co-Sponsors

view additional co-sponsors

S2247B (ACTIVE) - Details

See Assembly Version of this Bill:
A1867
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 Other Legislative Sessions:
2011-2012: S964, S1862, A1652
2013-2014: S1743, A1792
2015-2016: S1291, A4762
2017-2018: S235, A1223

S2247B (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 a 10 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; 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.

S2247B (ACTIVE) - Sponsor Memo

S2247B (ACTIVE) - Bill Text download pdf

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

                                 2247--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced by Sens. ONORATO, BRESLIN, ADAMS, ADDABBO, DIAZ, DUANE, ESPA-
  DA, HASSELL-THOMPSON, HUNTLEY, C. JOHNSON, KLEIN, KRUEGER, MARCELLINO,
  MONSERRATE, MONTGOMERY, OPPENHEIMER, PADAVAN, PARKER, PERKINS, ROBACH,
  SAMPSON,    SAVINO,   SCHNEIDERMAN,   SERRANO,   SQUADRON,   STAVISKY,
  STEWART-COUSINS, THOMPSON -- read twice and ordered printed, and  when
  printed  to  be  committed to the Committee on Labor -- recommitted to
  the Committee on Labor in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01159-16-0

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