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

                                                           LBD01159-12-0

A. 1867--A                          2

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 OPERATION 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 AGRI-
CULTURAL 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  COMMODITY  NOT RAISED ON THE EMPLOYER'S
FARM.  THIS PARAGRAPH 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 3. Subdivision 1 of section 161 of  the  labor  law  is  amended  by
adding a new 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. A
FARM LABORER MAY CONSENT IN WRITING TO WAIVE THIS RIGHT AND WORK ON  THE
DAY  OF  REST,  PROVIDED  THAT HE OR SHE SHALL BE PAID AS PROVIDED UNDER
SECTION ONE HUNDRED SIXTY-THREE-A OF THIS TITLE.   THIS PARAGRAPH  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.  TWEN-
TY-FOUR CONSECUTIVE HOURS SPENT AT REST BECAUSE OF  CIRCUMSTANCES,  SUCH
AS  WEATHER  OR  CROP CONDITIONS, SHALL BE DEEMED TO CONSTITUTE THE REST
REQUIRED BY THIS PARAGRAPH. THE DAY OF REST SHOULD BE THE  SAME  AS  THE
TRADITIONAL  DAY  RESERVED  BY  THE  FARM LABORER FOR RELIGIOUS WORSHIP,
WHENEVER POSSIBLE.
  S 4. Paragraphs b and d of subdivision 2 of section 161 of  the  labor
law,  as amended by chapter 281 of the laws of 1941, are amended to read
as follows:
  b. Employees in [dairies, creameries,] milk condenseries, milk  powder
factories,  milk  sugar  factories,  milk  shipping stations, butter and
cheese factories, ice  cream  manufacturing  plants  and  milk  bottling
plants, where not more than seven persons are employed;
  d.  Employees  whose duties include not more than three hours' work on
Sunday in setting sponges in bakeries, [caring for live animals,]  main-
taining fires, or making necessary repairs to boilers or machinery.
  S 5. The labor law is amended by adding a new section 163-a to read as
follows:
  S  163-A.  HOURS  OF AGRICULTURAL EMPLOYMENT. NO PERSON OR CORPORATION
OPERATING A FARM SHALL REQUIRE ANY FARM LABORER TO WORK  MORE  THAN  TEN
HOURS  IN  ANY DAY, SIXTY HOURS IN ANY CALENDAR WEEK, OR SIX DAYS IN ANY
CALENDAR WEEK, UNLESS SUCH FARM LABORER IS PAID AS FOLLOWS:
  A. HOURLY RATE. (1) ANY FARM LABORER WHO IS PAID ON  AN  HOURLY  BASIS
AND WHO IS EIGHTEEN YEARS OF AGE OR OVER, OR WHO IS SIXTEEN OR SEVENTEEN
YEARS  OF  AGE  AND  NOT  REQUIRED  BY LAW TO ATTEND SCHOOL SHALL NOT BE
EMPLOYED MORE THAN TEN HOURS IN ANY DAY, OR MORE THAN SIXTY HOURS IN ANY
CALENDAR WEEK, OR MORE THAN SIX DAYS IN ANY  CALENDAR  WEEK  UNLESS  THE
FARM  LABORER  RECEIVES ONE AND ONE-HALF TIMES THE REGULAR RATE AT WHICH
HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF TEN HOURS IN ANY DAY OR
SIXTY HOURS IN ANY CALENDAR WEEK. ANY FARM  LABORER  WHO  WORKS  ON  THE
SEVENTH  DAY  IN  ANY CALENDAR WEEK SHALL RECEIVE ONE AND ONE-HALF TIMES
THE REGULAR RATE AT WHICH HE IS  EMPLOYED  FOR  THE  FIRST  EIGHT  HOURS
WORKED,  AND  TWO TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED FOR ALL
HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.
  (2) BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABOR-
ER WHO IS PAID AN HOURLY WAGE RATE SHALL NOT BE EMPLOYED MORE  THAN  TEN

A. 1867--A                          3

HOURS  IN  ANY  DAY  OR  MORE THAN FIFTY-FIVE HOURS IN ANY CALENDAR WEEK
UNLESS THE FARM LABORER RECEIVES ONE AND ONE-HALF TIMES THE REGULAR RATE
AT WHICH HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF TEN  HOURS  IN
ANY  DAY  OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK. ANY FARM LABORER WHO
WORKS ON THE SEVENTH DAY IN ANY CALENDAR  WEEK  SHALL  RECEIVE  ONE  AND
ONE-HALF  TIMES  THE  REGULAR RATE AT WHICH HE IS EMPLOYED FOR THE FIRST
EIGHT HOURS WORKED, AND TWO TIMES  THE  REGULAR  RATE  AT  WHICH  HE  IS
EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.
  B.  PIECE  WORK RATE. (1) ANY FARM LABORER WHO IS PAID ON A PIECE RATE
BASIS SHALL BE PAID AT A RATE WHICH SHALL BE NO LESS  THAN  ONE  HUNDRED
FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY REGULATIONS OF THE
DEPARTMENT  FOR  HOURS WORKED IN EXCESS OF TEN HOURS IN ANY DAY OR SIXTY
HOURS IN ANY CALENDAR WEEK.
  (2) BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABOR-
ER WHO IS PAID ON A PIECE WORK BASIS SHALL BE PAID AT  A  RATE  NO  LESS
THAN  ONE  HUNDRED FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY
REGULATIONS OF THE DEPARTMENT FOR HOURS WORKED IN EXCESS OF TEN HOURS IN
ANY DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK.
  (3) ANY FARM LABORER WHO IS PAID A PIECE WORK RATE WHO  WORKS  ON  THE
SEVENTH  DAY  IN  ANY CALENDAR WEEK SHALL BE PAID AT A RATE NO LESS THAN
ONE HUNDRED FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY  REGU-
LATIONS  OF  THE  DEPARTMENT  FOR  THE FIRST EIGHT HOURS AND TWO HUNDRED
PERCENT OF THAT MINIMUM WAGE RATE FOR ANY  HOURS  WORKED  IN  EXCESS  OF
EIGHT ON THAT DAY. NOTHING IN THIS SECTION SHALL PROHIBIT A FARM EMPLOY-
ER FROM PAYING A PIECE WORK RATE IN EXCESS OF THE RATES REQUIRED BY THIS
SECTION.
  S 6. Section 564 of the labor law, as added by chapter 675 of the laws
of 1977, is amended to read as follows:
  S  564.  Agricultural  labor.  1.  Coverage.  (a)  Notwithstanding the
provisions of section five hundred sixty of this article, an employer of
persons engaged in agricultural labor shall become liable  for  contrib-
utions under this article if the employer:
  (1)  has paid cash remuneration of [twenty thousand] SIXTY-TWO HUNDRED
FIFTY dollars or more in any calendar quarter  to  persons  employed  in
agricultural  labor,  and such liability shall commence on the first day
of such quarter, or
  (2) has employed in agricultural labor [ten] THREE or more persons  on
each  of  twenty  days  during a calendar year or the preceding calendar
year, each day being in a different calendar  week,  and  the  liability
shall in such event commence on the first day of the calendar year, or
  (3)  is  liable for the tax imposed under the federal unemployment tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year when he first paid remuneration  for  agricultural  labor  in  this
state.
  (b)  An  employer who becomes liable for contributions under paragraph
(a) of this subdivision shall cease to be liable as of the first day  of
a  calendar  quarter  next following the filing of a written application
provided the commissioner finds that the employer:
  (1) has not paid to persons employed in agricultural labor cash remun-
eration of [twenty thousand] SIXTY-TWO HUNDRED FIFTY dollars or more  in
any of the eight calendar quarters preceding such day, and
  (2) has not employed in agricultural labor [ten] THREE or more persons
on  each  of  twenty  days  during the current or the preceding calendar
year, each day being in a different week, and

A. 1867--A                          4

  (3) is not liable for the tax imposed under the  federal  unemployment
tax act as an employer of agricultural labor.
  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 SECTIONS 214(C)
AND 101(A)(15)(H) OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT IF,  AT
THE  TIME  SUCH  SERVICES ARE RENDERED, THEY ARE EXCLUDED FROM THE DEFI-
NITION OF EMPLOYMENT IN SECTION 3306(C) OF THE FEDERAL UNEMPLOYMENT  TAX
ACT.
  3.  Crew  leader.  Whenever a person renders services as a member of a
crew which is paid and furnished by the crew leader to perform  services
in  agricultural  labor for another employer, such other employer shall,
for the purpose of this article, be deemed to be the  employer  of  such
person, unless:
  (a)  the  crew  leader holds a valid certificate of registration under
the federal farm labor contractor registration act of  nineteen  hundred
sixty-three  or  substantially  all  the  members of the crew operate or
maintain tractors, mechanized harvesting or cropdusting machinery or any
other mechanized equipment which is provided by the crew leader, and
  (b) the crew leader is not an employee of such other employer and  has
not  entered  into a written agreement with such employer under which he
is designated as an employee.
  S 7. The opening paragraph of subdivision 5  of  section  651  of  the
labor  law, as amended by chapter 640 of the laws of 2005, is amended to
read as follows:
  "Employee" includes any individual employed or permitted to work by an
employer in any occupation, but shall not include any individual who  is
employed or permitted to work: (a) in service as a part time baby sitter
in  the  home  of  the  employer; or someone who lives in the home of an
employer for the purpose of serving as a companion to a sick, convalesc-
ing or elderly person, and whose principal duties do not include  house-
keeping;  (b) [in labor on a farm; (c)] in a bona fide executive, admin-
istrative, or professional capacity; [(d)] (C) as an  outside  salesman;
[(e)]  (D)  as  a  driver engaged in operating a taxicab; [(f)] (E) as a
volunteer, learner or apprentice by a corporation, unincorporated  asso-
ciation,  community  chest,  fund  or  foundation organized and operated
exclusively for religious, charitable or educational purposes,  no  part
of the net earnings of which inures to the benefit of any private share-
holder  or individual; [(g)] (F) as a member of a religious order, or as
a duly ordained, commissioned or licensed minister, priest or rabbi,  or
as  a sexton, or as a christian science reader; [(h)] (G) in or for such
a religious or charitable institution, which work is incidental to or in
return for charitable aid conferred upon such individual and  not  under
any  express  contract  of  hire;  [(i)] (H) in or for such a religious,
educational or charitable institution if such individual is  a  student;
[(j)] (I) in or for such a religious, educational or charitable institu-
tion if the earning capacity of such individual is impaired by age or by
physical  or  mental  deficiency or injury; [(k)] (J) in or for a summer
camp or conference of such a religious, educational or charitable insti-
tution for not more than three months annually; [(l)]  (K)  as  a  staff
counselor in a children's camp; [(m)] (L) in or for a college or univer-
sity  fraternity,  sorority, student association or faculty association,
no part of the net earnings of  which  inures  to  the  benefit  of  any
private  shareholder  or  individual,  and  which  is recognized by such
college or university, if such individual is a student; [(n)] (M)  by  a
federal, state or municipal government or political subdivision thereof.

A. 1867--A                          5

The  exclusions  from  the term "employee" contained in this subdivision
shall be as defined by regulations of the commissioner; or [(o)] (N)  as
a  volunteer at a recreational or amusement event run by a business that
operates  such  events,  provided that no single such event lasts longer
than eight consecutive days and no more than one such  event  concerning
substantially  the  same subject matter occurs in any calendar year. Any
such volunteer shall be at least eighteen years of age. A business seek-
ing coverage under this paragraph shall notify every volunteer in  writ-
ing,  in  language  acceptable to the commissioner, that by volunteering
his or her services, such volunteer is  waiving  his  or  her  right  to
receive  the minimum wage pursuant to this article. Such notice shall be
signed and dated by a representative of the business and  the  volunteer
and kept on file by the business for thirty-six months.
  S  8. Subdivision 1 of section 674 of the labor law, as added by chap-
ter 552 of the laws of 1969, is amended to read as follows:
  1. The commissioner may promulgate such regulations as he deems appro-
priate to carry out the purposes of this article and to safeguard  mini-
mum  wage  standards.  Such regulations may include, but are not limited
to, the defining of the circumstances or conditions for  the  acceptance
of  non-hourly rates and piece rates as equivalent to the minimum hourly
rates established by this article. Such regulations  also  may  include,
but  are  not  limited  to,  waiting  time  and  call-in pay rates; wage
provisions governing guaranteed earnings  during  specified  periods  of
work;  allowances  for  meals,  lodging,  and  other items, services and
facilities when furnished by the employer; [and the employment of  indi-
viduals whose earning capacity is affected or impaired by youth or age,]
or  by  physical  or  mental deficiency or injury, under special certif-
icates issued by the commissioner, at such wages lower than the  minimum
wage  established  by  this  article  and  for  such  period as shall be
prescribed in such regulations.
  S 9. 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,
any individual whose primary responsibility is the care of a minor child
or children and/or someone who lives in the home of  a  person  for  the
purpose  of  serving  as  a companion to a sick, convalescing or elderly
person or any individuals employed only for  the  duration  of  a  labor
dispute, or any individuals employed as farm laborers BY A FARM EMPLOYER
WITH  SALES  OF  UNDER FIVE HUNDRED THOUSAND DOLLARS DURING THE PREVIOUS
CALENDAR YEAR ACCORDING TO THE UNITED STATES DEPARTMENT  OF  AGRICULTURE
NATIONAL AGRICULTURAL STATISTICS SERVICE, or, any individual who partic-
ipates in and receives rehabilitative or therapeutic services in a char-
itable  non-profit  rehabilitation facility or sheltered workshop or any
individual employed in a charitable non-profit  rehabilitation  facility
or  sheltered  workshop  who  has received rehabilitative or therapeutic
services and whose capacity to perform the work for which he is  engaged
is substantially impaired by physical or mental deficiency or injury.

A. 1867--A                          6

  S  10. The labor law is amended by adding a new section 719 to read as
follows:
  S  719.  ADVISORY COMMITTEE ON AGRICULTURAL COLLECTIVE BARGAINING.  1.
THERE IS HEREBY ESTABLISHED AN ADVISORY COMMITTEE ON COLLECTIVE BARGAIN-
ING BETWEEN FARM EMPLOYERS AND FARM  LABORERS  WHOSE  MEMBERS  SHALL  BE
APPOINTED  BY  THE  GOVERNOR ON OR BEFORE APRIL FIRST, TWO THOUSAND TEN.
THE ADVISORY COMMITTEE SHALL CONSIST OF  SEVEN  MEMBERS,  INCLUDING  THE
COMMISSIONER  OR HIS OR HER DESIGNEE, THE COMMISSIONER OF THE DEPARTMENT
OF AGRICULTURE AND MARKETS OR HIS OR HER DESIGNEE, ONE  UPON  THE  NOMI-
NATION OF THE SPEAKER OF THE ASSEMBLY, ONE UPON NOMINATION OF THE TEMPO-
RARY  PRESIDENT  OF  THE SENATE, ONE UPON NOMINATION BY THE PRESIDENT OF
THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS  OF  INDUSTRIAL
ORGANIZATIONS,  ONE  UPON  THE  NOMINATION  OF  THE  NEW YORK STATE FARM
BUREAU, AND ONE MEMBER  WITH  EXPERIENCE  AND  EXPERTISE  IN  COLLECTIVE
BARGAINING AND LABOR RELATIONS WHO SHALL BE APPOINTED TO CHAIR THE ADVI-
SORY COMMITTEE.
  2.  THE  ADVISORY COMMITTEE SHALL MAKE RECOMMENDATIONS FOR LEGISLATION
TO IMPLEMENT  COLLECTIVE  BARGAINING  STRUCTURES  AND  PROCEDURES  WHERE
APPROPRIATE,  AND  TO  FOSTER  LABOR-MANAGEMENT  COOPERATION AND DISPUTE
RESOLUTION BETWEEN FARM EMPLOYERS  AND  FARM  LABORERS.  IN  MAKING  ITS
RECOMMENDATIONS, THE ADVISORY COMMITTEE SHALL CONSIDER THE PROVISIONS OF
THE  STATE  LABOR  RELATIONS  ACT,  THE LAWS OF OTHER STATES RELATING TO
COLLECTIVE BARGAINING AND LABOR RELATIONS IN FARM  EMPLOYMENT,  AND  THE
UNIQUE  CHARACTERISTICS  OF  THE  AGRICULTURE INDUSTRY INCLUDING BUT NOT
LIMITED TO LENGTH OF HARVEST AND GROWING SEASONS, SEASONAL  FLUCTUATIONS
IN  EMPLOYMENT, ANNUAL SALES, AND IMPORT AND EXPORT CONDITIONS AFFECTING
NEW YORK AGRICULTURE. THE ADVISORY COMMITTEE SHALL REPORT TO THE  GOVER-
NOR,  THE  SPEAKER  OF  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN.
  3. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
FOR THEIR SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  S  11.  Paragraph  (m)  of  subdivision 5 of section 225 of the public
health law, as amended by chapter 894 of  the  laws  of  1958  and  such
subdivision as renumbered by chapter 626 of the laws of 1971, is amended
to read as follows:
  (m) require that application be made for a permit to operate a farm or
food  processing  labor  camp as defined in the sanitary code; authorize
appropriate officers or agencies to issue such a permit when the  appli-
cant is in compliance with the established regulations; prescribe stand-
ards  for  living  quarters  at  farm  and  food processing labor camps,
including provisions for sanitary conditions; light,  air,  and  safety;
protection from fire hazards; maintenance; and such other matters as may
be  appropriate  for  security of life or health, provided however, that
the  provisions  of  the  sanitary  code  established  pursuant  to  the
provisions  hereof  shall  apply  to  all farm and food processing labor
camps intended to house migrant workers and which are occupied [by  five
or  more  persons].  In  the preparation of such regulations, the public
health council may request and shall receive technical  assistance  from
the  board of standards and appeals of the state department of labor and
the state building code commission. Such regulation shall be enforced in
the same manner as are other provisions of the sanitary code;
  S 12. Section 51 of the workers' compensation law, as amended by chap-
ter 561 of the laws of 2003, is amended to read as follows:
  S 51. Posting of notice regarding compensation. Every employer who has
complied with section fifty of this article shall post and maintain in a

A. 1867--A                          7

conspicuous place or places in and about his place or places of business
typewritten or printed IN ENGLISH AND SPANISH notices in form prescribed
by the chairman, stating the fact that he  has  complied  with  all  the
rules  and  regulations  of  the  chairman and the board and that he has
secured the payment of compensation to his employees  and  their  depen-
dents  in accordance with the provisions of this chapter, but failure to
post such notice as herein provided shall not  in  any  way  affect  the
exclusiveness of the remedy provided for by section eleven of this chap-
ter. Every employer who owns or operates automotive or horse-drawn vehi-
cles  and  has  no minimum staff of regular employees required to report
for work at an established place of business maintained by such employer
and every employer who is engaged in the business  of  moving  household
goods  or  furniture  shall  post such notices in each and every vehicle
owned or operated by him. Failure to post or maintain such notice in any
of said vehicles shall constitute presumptive evidence that such employ-
er has failed to secure the payment of compensation.  The  chairman  may
require  any employer to furnish a written statement at any time showing
the stock corporation, mutual corporation or reciprocal insurer in which
such employer is insured or  the  manner  in  which  such  employer  has
complied with any provision of this chapter. Failure for a period of ten
days  to  furnish  such  written  statement shall constitute presumptive
evidence that such employer has neglected or failed in respect of any of
the matters so required. Any employer  who  fails  to  comply  with  the
provisions  of this section shall be required to pay to the board a fine
of [up to two hundred fifty] FIVE HUNDRED dollars for each violation, in
addition to any other penalties imposed by law to be deposited into  the
uninsured employers' fund.
  S 13. The workers' compensation law is amended by adding a new section
110-b to read as follows:
  S  110-B. REPORTING OF INJURIES TO EMPLOYER. EVERY FARM LABOR CONTRAC-
TOR, FOREMAN OR SUPERVISOR OF FARM LABORERS WHO HAS NOTICE OF ANY INJURY
TO A FARM LABORER INCURRED DURING THE  COURSE  OF  EMPLOYMENT  SHALL  BE
REQUIRED TO INFORM THE EMPLOYER, OWNER OR OPERATOR OF A FARM OF ANY SUCH
INJURY.
  S  14. The first undesignated paragraph of section 120 of the workers'
compensation law, as amended by chapter 61  of  the  laws  of  1989,  is
amended to read as follows:
  It  shall  be  unlawful for any employer or his or her duly authorized
agent to discharge or  in  any  other  manner  discriminate  against  an
employee  as  to his or her employment because such employee has claimed
or attempted to claim compensation from such employer, REQUESTED A CLAIM
FORM FOR INJURIES RECEIVED IN THE COURSE OF EMPLOYMENT, or because he or
she has testified or is about to testify  in  a  proceeding  under  this
chapter  and  no other valid reason is shown to exist for such action by
the employer.
  S 15. The opening paragraph of paragraph A of subdivision 6 of section
201 of the workers' compensation law, as amended by chapter 903  of  the
laws of 1986, is amended to read as follows:
  "Employment"  means  employment  in  any trade, business or occupation
carried on by an employer, except that the following shall not be deemed
employment under this article:  services  performed  for  the  state,  a
municipal corporation, local governmental agency, other political subdi-
vision  or  public authority; employment subject to the federal railroad
unemployment insurance act; service performed on or  as  an  officer  or
member  of  the  crew  of  a vessel on the navigable water of the United
States or outside the United States; [service as farm laborers;]  casual

A. 1867--A                          8

employment  and the first forty-five days of extra employment of employ-
ees not regularly in employment as otherwise defined herein; service  as
golf  caddies;  and service during all or any part of the school year or
regular vacation periods as a part-time worker of any person actually in
regular  attendance during the day time as a student in an elementary or
secondary school. The term "employment" shall not include  the  services
of a licensed real estate broker or sales associate if it be proven that
(a)  substantially all of the remuneration (whether or not paid in cash)
for the services performed by such broker or sales associate is directly
related to sales or other output (including the performance of services)
rather than to the number of hours worked; (b) the services performed by
the broker or sales  associate  are  performed  pursuant  to  a  written
contract  executed between such broker or sales associate and the person
for whom the services are performed within the past  twelve  to  fifteen
months; and (c) the written contract provided for in [paragraph] SUBPAR-
AGRAPH (b) herein was not executed under duress and contains the follow-
ing provisions:
  S  16.  Nothing  in  this  act shall be deemed to diminish the rights,
privileges, or  remedies  of  any  farm  laborer  under  any  collective
bargaining agreement entered into on or after the effective date of this
act.
  S  17. This act shall take effect April 1, 2010, provided that section
fifteen of this act shall take effect on the one hundred  eightieth  day
after it shall have become a law, provided further, that section five of
this  act shall take effect January 1, 2011 and section nine of this act
shall take effect April 1, 2011.

                            
                    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.
              

                                                           LBD01159-15-0

A. 1867--B                          2

SERVICES  PERFORMED ON ORCHARDS, PLANTATIONS, 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 OPERATION 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 AGRI-
CULTURAL  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 COMMODITY NOT  RAISED  ON  THE  EMPLOYER'S
FARM.    THIS  PARAGRAPH 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  3.  Subdivision  1  of  section  161 of the labor law is amended by
adding a new 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. A
FARM  LABORER MAY CONSENT IN WRITING TO WAIVE THIS RIGHT AND WORK ON THE
DAY OF REST, PROVIDED THAT HE OR SHE SHALL BE  PAID  AS  PROVIDED  UNDER
SECTION  ONE  HUNDRED SIXTY-THREE-A OF THIS TITLE.  THIS PARAGRAPH 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.   TWEN-
TY-FOUR  CONSECUTIVE  HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH
AS WEATHER OR CROP CONDITIONS, SHALL BE DEEMED TO  CONSTITUTE  THE  REST
REQUIRED  BY  THIS  PARAGRAPH. THE DAY OF REST SHOULD BE THE SAME AS THE
TRADITIONAL DAY RESERVED BY THE  FARM  LABORER  FOR  RELIGIOUS  WORSHIP,
WHENEVER POSSIBLE.
  S  4.  Paragraphs b and d of subdivision 2 of section 161 of the labor
law, as amended by chapter 281 of the laws of 1941, are amended to  read
as follows:
  b.  Employees in [dairies, creameries,] milk condenseries, milk powder
factories, milk sugar factories,  milk  shipping  stations,  butter  and
cheese  factories,  ice  cream  manufacturing  plants  and milk bottling
plants, where not more than seven persons are employed;
  d. Employees whose duties include not more than three hours'  work  on
Sunday  in setting sponges in bakeries, [caring for live animals,] main-
taining fires, or making necessary repairs to boilers or machinery.
  S 5. The labor law is amended by adding a new section 163-a to read as
follows:
  S 163-A. HOURS OF AGRICULTURAL EMPLOYMENT. NO  PERSON  OR  CORPORATION
OPERATING  A  FARM  SHALL REQUIRE ANY FARM LABORER TO WORK MORE THAN TEN
HOURS IN ANY DAY, SIXTY HOURS IN ANY CALENDAR WEEK, OR SIX DAYS  IN  ANY
CALENDAR WEEK, UNLESS SUCH FARM LABORER IS PAID AS FOLLOWS:
  A.  HOURLY  RATE.  (1) ANY FARM LABORER WHO IS PAID ON AN HOURLY BASIS
AND WHO IS EIGHTEEN YEARS OF AGE OR OVER, OR WHO IS SIXTEEN OR SEVENTEEN
YEARS OF AGE AND NOT REQUIRED BY LAW  TO  ATTEND  SCHOOL  SHALL  NOT  BE
EMPLOYED MORE THAN TEN HOURS IN ANY DAY, OR MORE THAN SIXTY HOURS IN ANY
CALENDAR  WEEK,  OR  MORE  THAN SIX DAYS IN ANY CALENDAR WEEK UNLESS THE
FARM LABORER RECEIVES ONE AND ONE-HALF TIMES THE REGULAR RATE  AT  WHICH
HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF TEN HOURS IN ANY DAY OR
SIXTY  HOURS  IN  ANY  CALENDAR  WEEK. ANY FARM LABORER WHO WORKS ON THE
SEVENTH DAY IN ANY CALENDAR WEEK SHALL RECEIVE ONE  AND  ONE-HALF  TIMES
THE  REGULAR  RATE  AT  WHICH  HE  IS EMPLOYED FOR THE FIRST EIGHT HOURS
WORKED, AND TWO TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED  FOR  ALL
HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.

A. 1867--B                          3

  (2) BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABOR-
ER  WHO  IS PAID AN HOURLY WAGE RATE SHALL NOT BE EMPLOYED MORE THAN TEN
HOURS IN ANY DAY OR MORE THAN FIFTY-FIVE  HOURS  IN  ANY  CALENDAR  WEEK
UNLESS THE FARM LABORER RECEIVES ONE AND ONE-HALF TIMES THE REGULAR RATE
AT  WHICH  HE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF TEN HOURS IN
ANY DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK. ANY FARM  LABORER  WHO
WORKS  ON  THE  SEVENTH  DAY  IN ANY CALENDAR WEEK SHALL RECEIVE ONE AND
ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED  FOR  THE  FIRST
EIGHT  HOURS  WORKED,  AND  TWO  TIMES  THE  REGULAR RATE AT WHICH HE IS
EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.
  B. PIECE WORK RATE. (1) ANY FARM LABORER WHO IS PAID ON A  PIECE  RATE
BASIS  SHALL  BE  PAID AT A RATE WHICH SHALL BE NO LESS THAN ONE HUNDRED
FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY REGULATIONS OF THE
DEPARTMENT FOR HOURS WORKED IN EXCESS OF TEN HOURS IN ANY DAY  OR  SIXTY
HOURS IN ANY CALENDAR WEEK.
  (2) BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABOR-
ER  WHO  IS  PAID  ON A PIECE WORK BASIS SHALL BE PAID AT A RATE NO LESS
THAN ONE HUNDRED FIFTY PERCENT OF THE MINIMUM WAGE RATE  ESTABLISHED  BY
REGULATIONS OF THE DEPARTMENT FOR HOURS WORKED IN EXCESS OF TEN HOURS IN
ANY DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK.
  (3)  ANY  FARM  LABORER WHO IS PAID A PIECE WORK RATE WHO WORKS ON THE
SEVENTH DAY IN ANY CALENDAR WEEK SHALL BE PAID AT A RATE  NO  LESS  THAN
ONE  HUNDRED FIFTY PERCENT OF THE MINIMUM WAGE RATE ESTABLISHED BY REGU-
LATIONS OF THE DEPARTMENT FOR THE FIRST  EIGHT  HOURS  AND  TWO  HUNDRED
PERCENT  OF  THAT  MINIMUM  WAGE  RATE FOR ANY HOURS WORKED IN EXCESS OF
EIGHT ON THAT DAY. NOTHING IN THIS SECTION SHALL PROHIBIT A FARM EMPLOY-
ER FROM PAYING A PIECE WORK RATE IN EXCESS OF THE RATES REQUIRED BY THIS
SECTION.
  S 6. Section 564 of the labor law, as added by chapter 675 of the laws
of 1977, is amended to read as follows:
  S 564.  Agricultural  labor.  1.  Coverage.  (a)  Notwithstanding  the
provisions of section five hundred sixty of this article, an employer of
persons  engaged  in agricultural labor shall become liable for contrib-
utions under this article if the employer:
  (1) has paid cash remuneration of [twenty thousand] SIXTY-TWO  HUNDRED
FIFTY  dollars  or  more  in any calendar quarter to persons employed in
agricultural labor, and such liability shall commence on the  first  day
of such quarter, or
  (2)  has employed in agricultural labor ten or more persons on each of
twenty days during a calendar year or the preceding calendar year,  each
day  being in a different calendar week, and the liability shall in such
event commence on the first day of the calendar year, or
  (3) is liable for the tax imposed under the federal  unemployment  tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year  when  he  first  paid  remuneration for agricultural labor in this
state.
  (b) An employer who becomes liable for contributions  under  paragraph
(a)  of this subdivision shall cease to be liable as of the first day of
a calendar quarter next following the filing of  a  written  application
provided the commissioner finds that the employer:
  (1) has not paid to persons employed in agricultural labor cash remun-
eration  of [twenty thousand] SIXTY-TWO HUNDRED FIFTY dollars or more in
any of the eight calendar quarters preceding such day, and

A. 1867--B                          4

  (2) has not employed in agricultural labor ten or more persons on each
of twenty days during the current or the preceding calendar  year,  each
day being in a different week, and
  (3)  is  not liable for the tax imposed under the federal unemployment
tax act as an employer of agricultural labor.
  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 SECTIONS  214(C)
AND  101(A)(15)(H) OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT IF, AT
THE TIME SUCH SERVICES ARE RENDERED, THEY ARE EXCLUDED  FROM  THE  DEFI-
NITION  OF EMPLOYMENT IN SECTION 3306(C) OF THE FEDERAL UNEMPLOYMENT TAX
ACT.
  3. Crew leader. Whenever a person renders services as a  member  of  a
crew  which is paid and furnished by the crew leader to perform services
in agricultural labor for another employer, such other  employer  shall,
for  the  purpose  of this article, be deemed to be the employer of such
person, unless:
  (a) the crew leader holds a valid certificate  of  registration  under
the  federal  farm labor contractor registration act of nineteen hundred
sixty-three or substantially all the members  of  the  crew  operate  or
maintain tractors, mechanized harvesting or cropdusting machinery or any
other mechanized equipment which is provided by the crew leader, and
  (b)  the crew leader is not an employee of such other employer and has
not entered into a written agreement with such employer under  which  he
is designated as an employee.
  S  7. Subdivision 1 of section 674 of the labor law, as added by chap-
ter 552 of the laws of 1969, is amended to read as follows:
  1. The commissioner may promulgate such regulations as he deems appro-
priate to carry out the purposes of this article and to safeguard  mini-
mum  wage  standards.  Such regulations may include, but are not limited
to, the defining of the circumstances or conditions for  the  acceptance
of  non-hourly rates and piece rates as equivalent to the minimum hourly
rates established by this article. Such regulations  also  may  include,
but  are  not  limited  to,  waiting  time  and  call-in pay rates; wage
provisions governing guaranteed earnings  during  specified  periods  of
work;  allowances  for  meals,  lodging,  and  other items, services and
facilities when furnished by the employer; [and the employment of  indi-
viduals whose earning capacity is affected or impaired by youth or age,]
or  by  physical  or  mental deficiency or injury, under special certif-
icates issued by the commissioner, at such wages lower than the  minimum
wage  established  by  this  article  and  for  such  period as shall be
prescribed in such regulations.
  S 8. 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,
any individual whose primary responsibility is the care of a minor child
or children and/or someone who lives in the home of  a  person  for  the

A. 1867--B                          5

purpose  of  serving  as  a companion to a sick, convalescing or elderly
person or any individuals employed only for  the  duration  of  a  labor
dispute, or any individuals employed as farm laborers BY A FARM EMPLOYER
WITH SALES OF UNDER SIX HUNDRED FIFTY THOUSAND DOLLARS DURING THE PREVI-
OUS  CALENDAR YEAR ACCORDING TO THE UNITED STATES DEPARTMENT OF AGRICUL-
TURE NATIONAL AGRICULTURAL STATISTICS SERVICE, or,  any  individual  who
participates in and receives rehabilitative or therapeutic services in a
charitable  non-profit  rehabilitation facility or sheltered workshop or
any individual employed in a charitable non-profit rehabilitation facil-
ity or sheltered workshop who has received rehabilitative or therapeutic
services and whose capacity to perform the work for which he is  engaged
is substantially impaired by physical or mental deficiency or injury.
  S 9. The labor law is amended by adding a new section 704-b to read as
follows:
  S  704-B.  UNFAIR LABOR PRACTICES; AGRICULTURE. 1. IT IS THE POLICY OF
THE STATE TO PROTECT THE RIGHTS OF FARM LABORERS WITHOUT CAUSING IMMEDI-
ATE AND IRREPARABLE HARM TO EMPLOYERS. IN RECOGNITION  OF  THE  NEED  TO
AVOID  INTERRUPTION OF THE AGRICULTURAL PRODUCTION OF CROPS WITH A SHORT
PEAK HARVEST SEASON, THIS POLICY IS  BEST  ACHIEVED  BY  PROVIDING  FARM
EMPLOYERS  AND  THEIR  EMPLOYEES WITH A SHORT TEMPORARY PERIOD TO SETTLE
THEIR LABOR DISPUTE WITHOUT CAUSING IMMEDIATE OR IRREPARABLE HARM TO THE
EMPLOYER.
  2. DEFINITIONS. WHEN USED IN THIS SECTION THE TERMS:
  (A) "SHORT PEAK HARVEST SEASON" MEANS THE PERIOD FOR FRUITS AND  VEGE-
TABLES  THAT  HAVE  A  MAXIMUM  HARVEST PERIOD OF NO MORE THAN SIX WEEKS
DURING WHICH SUCH AGRICULTURAL PRODUCT IS HARVESTED FOR SALE, AS  DETER-
MINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS.
  (B)  "WORK STOPPAGE" MEANS ANY STRIKE, OR CONCERTED CESSATION OR SLOW-
DOWN OF WORK BY EMPLOYEES.
  (C) "LOCKOUT" MEANS A WORK STOPPAGE DURING WHICH AN EMPLOYER  PREVENTS
EMPLOYEES FROM WORKING.
  3. IN THE EVENT THAT THE BOARD AND ITS EMPLOYEES RECEIVE NOTICE THAT A
LABOR DISPUTE HAS ARISEN BETWEEN A FARM EMPLOYER THAT WILL OR MAY RESULT
IN  A  WORK  STOPPAGE  OR  LOCKOUT, THE BOARD SHALL IMMEDIATELY INITIATE
SETTLEMENT PROCEEDINGS UNDER SECTION SEVEN HUNDRED TWO-A OF  THIS  ARTI-
CLE.
  (A)  AFTER THE INITIATION OF SETTLEMENT PROCEEDINGS, ANY WORK STOPPAGE
OR LOCKOUT SHALL CEASE FOR A PERIOD OF NOT MORE THAN TWENTY-ONE DAYS  IF
BOTH OF THE FOLLOWING CIRCUMSTANCES EXIST:
  (I)  THE  WORK  STOPPAGE OR LOCKOUT OCCURS DURING A SHORT PEAK HARVEST
SEASON; AND
  (II) THE WORK STOPPAGE OR LOCKOUT WILL CAUSE IMMEDIATE AND IRREPARABLE
INJURY, LOSS OR DAMAGE TO THE EMPLOYER.
  (B) DURING SUCH TWENTY-ONE DAY PERIOD, BOTH PARTIES SHALL  ENTER  INTO
GOOD  FAITH NEGOTIATIONS TO SETTLE THE LABOR DISPUTE, WHICH PERIOD SHALL
BE REFERRED TO AS A COOLING OFF PERIOD.
  (C) THE BOARD SHALL CONDUCT AN IMMEDIATE  AND  EXPEDITED  FACT-FINDING
HEARING  TO  DETERMINE  WHETHER THE CIRCUMSTANCES UNDER PARAGRAPH (A) OF
THIS SUBDIVISION EXIST. EACH PARTY SHALL HAVE THE OPPORTUNITY TO  SUBMIT
WRITTEN  AND ORAL TESTIMONY AT THE HEARING. THE BOARD SHALL NOT BE BOUND
BY TECHNICAL RULES OF EVIDENCE PREVAILING IN COURTS OF LAW OR EQUITY.
  (D)  THE  BOARD  SHALL  ISSUE  ITS  DETERMINATION  IN  WRITING  WITHIN
FORTY-EIGHT  HOURS OF THE CONCLUSION OF THE HEARING, WHICH SHALL INCLUDE
FINDINGS OF FACT AND A RATIONALE FOR ITS DETERMINATION. A  COPY  OF  THE
BOARD'S DETERMINATION SHALL BE PROVIDED TO EACH PARTY WITHIN TWENTY-FOUR
HOURS.

A. 1867--B                          6

  (E)  FOR PURPOSES OF THIS SECTION, AN EMPLOYEE WHO IS ABSENT FROM WORK
WITHOUT PERMISSION, OR WHO ABSTAINS WHOLLY OR  IN  PART  FROM  THE  FULL
PERFORMANCE  OF  HIS  OR HER EMPLOYMENT DUTIES WITHOUT PERMISSION ON THE
DATE WHEN A WORK STOPPAGE OR LOCKOUT OCCURS SHALL BE  PRESUMED  TO  HAVE
ENGAGED IN SUCH WORK STOPPAGE OR LOCKOUT.
  4. IF EITHER PARTY IS FOUND TO BE IN VIOLATION OF THE BOARD'S DETERMI-
NATION,  THE  BOARD MAY FILE A PETITION WITH THE SUPREME COURT IN ALBANY
COUNTY UPON NOTICE TO ALL PARTIES FOR TEMPORARY INJUNCTIVE  RELIEF.  THE
BOARD  SHALL  NOT  BE  REQUIRED  TO PROVIDE ANY UNDERTAKINGS OR BOND AND
SHALL NOT BE LIABLE FOR  ANY  DAMAGES  OR  COSTS  WHICH  MAY  HAVE  BEEN
SUSTAINED  BY  REASON OF ANY TEMPORARY INJUNCTIVE RELIEF ORDERED. IF THE
BOARD FAILS TO ACT WITHIN TEN DAYS, THE BOARD SHALL BE  DEEMED  TO  HAVE
MADE A FINAL DETERMINATION NOT TO SEEK TEMPORARY INJUNCTIVE RELIEF.
  S  10. The labor law is amended by adding a new section 719 to read as
follows:
  S 719. ADVISORY COMMITTEE ON AGRICULTURAL COLLECTIVE BARGAINING.    1.
THERE IS HEREBY ESTABLISHED AN ADVISORY COMMITTEE ON COLLECTIVE BARGAIN-
ING  BETWEEN  FARM  EMPLOYERS  AND  FARM LABORERS WHOSE MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR ON OR BEFORE APRIL FIRST,  TWO  THOUSAND  TEN.
THE  ADVISORY  COMMITTEE  SHALL  CONSIST OF SEVEN MEMBERS, INCLUDING THE
COMMISSIONER OR HIS OR HER DESIGNEE, THE COMMISSIONER OF THE  DEPARTMENT
OF  AGRICULTURE  AND  MARKETS OR HIS OR HER DESIGNEE, ONE UPON THE NOMI-
NATION OF THE SPEAKER OF THE ASSEMBLY, ONE UPON NOMINATION OF THE TEMPO-
RARY PRESIDENT OF THE SENATE, ONE UPON NOMINATION BY  THE  PRESIDENT  OF
THE  NEW  YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL
ORGANIZATIONS, ONE UPON THE  NOMINATION  OF  THE  NEW  YORK  STATE  FARM
BUREAU,  AND  ONE  MEMBER  WITH  EXPERIENCE  AND EXPERTISE IN COLLECTIVE
BARGAINING AND LABOR RELATIONS WHO SHALL BE APPOINTED TO CHAIR THE ADVI-
SORY COMMITTEE.
  2. THE ADVISORY COMMITTEE SHALL MAKE RECOMMENDATIONS  FOR  LEGISLATION
TO  IMPLEMENT  COLLECTIVE  BARGAINING  STRUCTURES  AND  PROCEDURES WHERE
APPROPRIATE, AND TO  FOSTER  LABOR-MANAGEMENT  COOPERATION  AND  DISPUTE
RESOLUTION  BETWEEN  FARM  EMPLOYERS  AND  FARM  LABORERS. IN MAKING ITS
RECOMMENDATIONS, THE ADVISORY COMMITTEE SHALL CONSIDER THE PROVISIONS OF
THE STATE LABOR RELATIONS ACT, THE LAWS  OF  OTHER  STATES  RELATING  TO
COLLECTIVE  BARGAINING  AND  LABOR RELATIONS IN FARM EMPLOYMENT, AND THE
UNIQUE CHARACTERISTICS OF THE AGRICULTURE  INDUSTRY  INCLUDING  BUT  NOT
LIMITED  TO LENGTH OF HARVEST AND GROWING SEASONS, SEASONAL FLUCTUATIONS
IN EMPLOYMENT, ANNUAL SALES, AND IMPORT AND EXPORT CONDITIONS  AFFECTING
NEW  YORK AGRICULTURE. THE ADVISORY COMMITTEE SHALL REPORT TO THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN.
  3. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
FOR  THEIR  SERVICES,  BUT  SHALL  BE ALLOWED THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  S 11. Paragraph (m) of subdivision 5 of  section  225  of  the  public
health  law,  as  amended  by  chapter  894 of the laws of 1958 and such
subdivision as renumbered by chapter 626 of the laws of 1971, is amended
to read as follows:
  (m) require that application be made for a permit to operate a farm or
food processing labor camp as defined in the  sanitary  code;  authorize
appropriate  officers or agencies to issue such a permit when the appli-
cant is in compliance with the established regulations; prescribe stand-
ards for living quarters  at  farm  and  food  processing  labor  camps,
including  provisions  for  sanitary conditions; light, air, and safety;
protection from fire hazards; maintenance; and such other matters as may

A. 1867--B                          7

be appropriate for security of life or health,  provided  however,  that
the  provisions  of  the  sanitary  code  established  pursuant  to  the
provisions hereof shall apply to all  farm  and  food  processing  labor
camps  intended to house migrant workers and which are occupied [by five
or more persons]. In the preparation of  such  regulations,  the  public
health  council  may request and shall receive technical assistance from
the board of standards and appeals of the state department of labor  and
the state building code commission. Such regulation shall be enforced in
the same manner as are other provisions of the sanitary code;
  S 12. Section 51 of the workers' compensation law, as amended by chap-
ter 561 of the laws of 2003, is amended to read as follows:
  S 51. Posting of notice regarding compensation. Every employer who has
complied with section fifty of this article shall post and maintain in a
conspicuous place or places in and about his place or places of business
typewritten or printed IN ENGLISH AND SPANISH notices in form prescribed
by  the  chairman,  stating  the  fact that he has complied with all the
rules and regulations of the chairman and the  board  and  that  he  has
secured  the  payment  of compensation to his employees and their depen-
dents in accordance with the provisions of this chapter, but failure  to
post  such  notice  as  herein  provided shall not in any way affect the
exclusiveness of the remedy provided for by section eleven of this chap-
ter. Every employer who owns or operates automotive or horse-drawn vehi-
cles and has no minimum staff of regular employees  required  to  report
for work at an established place of business maintained by such employer
and  every  employer  who is engaged in the business of moving household
goods or furniture shall post such notices in  each  and  every  vehicle
owned or operated by him. Failure to post or maintain such notice in any
of said vehicles shall constitute presumptive evidence that such employ-
er  has  failed  to secure the payment of compensation. The chairman may
require any employer to furnish a written statement at any time  showing
the stock corporation, mutual corporation or reciprocal insurer in which
such  employer  is  insured  or  the  manner  in which such employer has
complied with any provision of this chapter. Failure for a period of ten
days to furnish such  written  statement  shall  constitute  presumptive
evidence that such employer has neglected or failed in respect of any of
the  matters  so  required.  Any  employer  who fails to comply with the
provisions of this section shall be required to pay to the board a  fine
of [up to two hundred fifty] FIVE HUNDRED dollars for each violation, in
addition  to any other penalties imposed by law to be deposited into the
uninsured employers' fund.
  S 13. The workers' compensation law is amended by adding a new section
110-b to read as follows:
  S 110-B. REPORTING OF INJURIES TO EMPLOYER. EVERY FARM LABOR  CONTRAC-
TOR, FOREMAN OR SUPERVISOR OF FARM LABORERS WHO HAS NOTICE OF ANY INJURY
TO  A  FARM  LABORER  INCURRED  DURING THE COURSE OF EMPLOYMENT SHALL BE
REQUIRED TO INFORM THE EMPLOYER, OWNER OR OPERATOR OF A FARM OF ANY SUCH
INJURY.
  S 14. The first undesignated paragraph of section 120 of the  workers'
compensation  law,  as  amended  by  chapter  61 of the laws of 1989, is
amended to read as follows:
  It shall be unlawful for any employer or his or  her  duly  authorized
agent  to  discharge  or  in  any  other  manner discriminate against an
employee as to his or her employment because such employee  has  claimed
or attempted to claim compensation from such employer, REQUESTED A CLAIM
FORM FOR INJURIES RECEIVED IN THE COURSE OF EMPLOYMENT, or because he or
she  has  testified  or  is  about to testify in a proceeding under this

A. 1867--B                          8

chapter and no other valid reason is shown to exist for such  action  by
the employer.
  S 15. The opening paragraph of paragraph A of subdivision 6 of section
201  of  the workers' compensation law, as amended by chapter 903 of the
laws of 1986, is amended to read as follows:
  "Employment" means employment in any  trade,  business  or  occupation
carried on by an employer, except that the following shall not be deemed
employment  under  this  article:  services  performed  for the state, a
municipal corporation, local governmental agency, other political subdi-
vision or public authority; employment subject to the  federal  railroad
unemployment  insurance  act;  service  performed on or as an officer or
member of the crew of a vessel on the  navigable  water  of  the  United
States  or outside the United States; [service as farm laborers;] casual
employment and the first forty-five days of extra employment of  employ-
ees  not regularly in employment as otherwise defined herein; service as
golf caddies; and service during all or any part of the school  year  or
regular vacation periods as a part-time worker of any person actually in
regular  attendance during the day time as a student in an elementary or
secondary school. The term "employment" shall not include  the  services
of a licensed real estate broker or sales associate if it be proven that
(a)  substantially all of the remuneration (whether or not paid in cash)
for the services performed by such broker or sales associate is directly
related to sales or other output (including the performance of services)
rather than to the number of hours worked; (b) the services performed by
the broker or sales  associate  are  performed  pursuant  to  a  written
contract  executed between such broker or sales associate and the person
for whom the services are performed within the past  twelve  to  fifteen
months; and (c) the written contract provided for in [paragraph] SUBPAR-
AGRAPH (b) herein was not executed under duress and contains the follow-
ing provisions:
  S  16.  Nothing  in  this  act shall be deemed to diminish the rights,
privileges, or  remedies  of  any  farm  laborer  under  any  collective
bargaining agreement entered into on or after the effective date of this
act.
  S  17. This act shall take effect April 1, 2010, provided that section
fifteen of this act shall take effect on the one hundred  eightieth  day
after it shall have become a law, provided further, that section five of
this  act  shall take effect January 1, 2011 and sections eight and nine
of this act shall take effect April 1, 2011.