S T A T E O F N E W Y O R K
________________________________________________________________________
1007
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE -- Multi-Sponsored by -- M. of A. GIGLIO
-- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to allowing farm workers one
day of rest each week and mandating the use of farm labor work agree-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 161 of the labor law is amended by
adding a new third undesignated paragraph to read as follows:
EVERY PERSON EMPLOYED AS A FARM LABORER SHALL BE ALLOWED AT LEAST
TWENTY-FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CONSECUTIVE
SEVEN DAY PERIOD. THIS REQUIREMENT SHALL NOT APPLY TO THE PARENT, CHILD,
SPOUSE OR OTHER MEMBER OF THE EMPLOYER'S IMMEDIATE FAMILY. TWENTY-FOUR
CONSECUTIVE HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH AS WEATH-
ER OR CROP CONDITIONS, SHALL BE DEEMED TO CONSTITUTE THE REST REQUIRED
BY THIS PARAGRAPH. NO PROVISION OF THIS PARAGRAPH SHALL PROHIBIT A FARM
LABORER FROM VOLUNTARILY REFUSING THE REST REQUIRED BY THIS PARAGRAPH.
THIS PARAGRAPH SHALL NOT PROHIBIT A FARM LABORER FROM VOLUNTARILY REFUS-
ING THE REST REQUIRED BY THIS PARAGRAPH. THE TERM "FARM LABOR" SHALL
INCLUDE ALL SERVICES PERFORMED ON A FARM IN CONNECTION WITH CULTIVATING
THE SOIL, OR IN CONNECTION WITH RAISING OR HARVESTING OF AGRICULTURAL
COMMODITIES, INCLUDING THE RAISING, SHEARING, CARING FOR AND MANAGEMENT
OF LIVESTOCK, POULTRY OR DAIRY. EACH FARM EMPLOYER SHALL NOTIFY HIS OR
HER FARM LABORERS OF THE TWENTY-FOUR CONSECUTIVE HOURS OF REST PERIOD
REQUIRED BY THIS PARAGRAPH BY POSTING SUCH PARAGRAPH IN A DESIGNATED
CENTRAL POSTING AREA AND BY INCLUDING SUCH PARAGRAPH WITHIN THE WORK
AGREEMENT REQUIRED PURSUANT TO SECTION SIX HUNDRED SEVENTY-NINE OF THIS
CHAPTER.
S 2. Section 679 of the labor law is amended by adding a new third
undesignated paragraph to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00890-01-9
A. 1007 2
EVERY EMPLOYER SHALL KEEP A TRUE AND ACCURATE STATEMENT OF THE TERMS
AND CONDITIONS OF EMPLOYMENT OR WORK AGREEMENT, EXECUTED BETWEEN THE
AGRICULTURAL EMPLOYEE AND THE AGRICULTURAL EMPLOYER ON THE DATE OF HIRE
FOR THE PURPOSES OF NOTIFYING EACH EMPLOYEE, IN WRITING, OF THE CONDI-
TIONS OF EMPLOYMENT. SUCH AGREEMENT SHALL INCLUDE THE SPECIFIC LOCATION
WHERE THE EMPLOYEE WILL WORK, THE TYPE OF WORK TO BE PERFORMED, THE
HOURS FOR A STANDARD WORK WEEK AND WORK DAY, NOTIFICATION OF THE VOLUN-
TARY TWENTY-FOUR HOURS OF CONSECUTIVE REST PERIOD, HOUSING ARRANGEMENTS,
IF APPLICABLE, ANY ALLOWANCES, IF APPLICABLE, TO BE DEDUCTED FOR MEALS
OR LODGING, THE WAGE RATE TO BE PAID, THE LIST OF BENEFITS TO BE
PROVIDED BY THE EMPLOYER, THE APPROXIMATE PERIOD OF EMPLOYMENT, TRANS-
PORTATION ARRANGEMENTS, IF ANY, AND THE WORKERS' COMPENSATION INSURANCE
CARRIER. A SAMPLE FORM SHALL BE PROVIDED BY THE COMMISSIONER IN BOTH
ENGLISH AND SPANISH.
S 3. Subdivision 2 of section 564 of the labor law is renumbered
subdivision 3 and a new subdivision 2 is added to read as follows:
2. EXCLUSION FROM COVERAGE. THE TERM "EMPLOYMENT" DOES NOT INCLUDE
SERVICES RENDERED BY AN INDIVIDUAL WHO IS AN ALIEN ADMITTED TO THE
UNITED STATES TO PERFORM AGRICULTURAL LABOR PURSUANT TO 8 USC 1184(C)
AND 8 USC 1101(A)(15)(H) OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT
IF, AT THE TIME SUCH SERVICES ARE RENDERED, THEY ARE EXCLUDED FROM THE
DEFINITION OF EMPLOYMENT AS PROVIDED IN 26 USC 3306(C) OF THE FEDERAL
UNEMPLOYMENT TAX ACT.
S 4. This act shall take effect immediately.