S T A T E O F N E W Y O R K
________________________________________________________________________
11377
I N A S S E M B L Y
June 7, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Nolan) --
read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to providing farm laborers
with a day of rest
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 CALENDAR WEEK.
TWENTY-FOUR CONSECUTIVE HOURS SPENT AT REST BECAUSE OF WEATHER OR CROP
CONDITIONS SHALL BE DEEMED TO CONSTITUTE THE REST REQUIRED BY THIS PARA-
GRAPH. A FARM LABORER MAY CONSENT IN WRITING TO WAIVE THE REST PROVIDED
BY THIS PARAGRAPH AND WORK ON THE DAY OF REST. THE DAY OF REST SHOULD BE
THE SAME AS THE TRADITIONAL DAY RESERVED BY THE FARM LABORER FOR RELI-
GIOUS WORSHIP WHENEVER POSSIBLE. THE TERM "FARM LABOR" SHALL INCLUDE ALL
SERVICES PERFORMED IN AGRICULTURAL EMPLOYMENT IN CONNECTION WITH CULTI-
VATING THE SOIL, OR IN CONNECTION WITH RAISING OR HARVESTING OF AGRICUL-
TURAL COMMODITIES, INCLUDING SERVICES PERFORMED ON ORCHARDS, PLANTA-
TIONS, NURSERIES AND GREENHOUSES, AND SHALL INCLUDE THE RAISING,
HATCHING, SHEARING, CARING FOR AND MANAGEMENT OF LIVESTOCK, POULTRY,
DAIRY, BEES AND FUR-BEARING ANIMALS, AND SHALL INCLUDE THE HARVESTING OR
PRODUCTION OF MAPLE SYRUP OR MAPLE SUGAR, AND SHALL INCLUDE THE OPERA-
TION AND MAINTENANCE OF FARM EQUIPMENT AND IMPROVEMENT OR MAINTENANCE OF
FARM WATER USE AREAS, AND SHALL INCLUDE THE PLANTING, DRYING, PACKAGING
OR OTHER PROCESSING OF ANY AGRICULTURAL OR HORTICULTURAL COMMODITY
RAISED ON THE EMPLOYER'S FARM. THE TERM "FARM LABOR" SHALL NOT INCLUDE
SERVICES PERFORMED IN CONNECTION WITH COMMERCIAL CANNING, FREEZING,
GRADING OR OTHER PROCESSING OF ANY AGRICULTURAL OR HORTICULTURAL COMMOD-
ITY NOT RAISED ON THE EMPLOYER'S FARM. 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 NOTICE IN A DESIGNATED
CENTRAL POSTING AREA. THIS REQUIREMENT SHALL NOT APPLY TO THE PARENT,
CHILD, SPOUSE OR OTHER MEMBER OF THE EMPLOYER'S FAMILY RELATED BY THE
THIRD DEGREE OF CONSANGUINITY OR AFFINITY.
S 2. This act shall take effect immediately.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.