Senate Bill S5212

                                 BILL NUMBER:  S5212              REVISED 05/28/09

 TITLE OF BILL :

An act to amend the labor law, in relation to allowing farm workers
one day of rest each week, mandating the use of farm labor work
agreements and requiring an overtime rate


 PURPOSE :

To provide farm workers with the right to a day of rest and overtime,
and conform unemployment contribution requirements to federal law.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Labor Law section 161(1) to allow every
farm worker 24 hours of rest each week, which may include 24 hours
spent at rest due to weather or crop circumstances. Farm employers
would be required to post notice of this right in a central posting
area, and include the notice in a written work agreement. Any farm
worker who works more than 40 hours in a week would be entitled to be
paid wages at a rate of not less than one and one-half times the
worker's normal hourly wage. This requirement would not apply to a
parent, child, spouse, in-law or other member of the employer's
immediate family.
              

Section 2 of the bill amends Labor Law section 679 by adding a new
paragraph to require every farm employer to keep a true and accurate
statement of the terms of an employment or work agreement, including
the location of work, the type of work to be performed, the hours of a
standard work week and day, notice of the voluntary 24 hours day of
rest, any housing arrangements, the wage rate to be paid and any
benefits to be provided, the period of employment, transportation
arrangements, and name of the workers' compensation carrier. The
Commissioner of Labor would provide a sample work agreement form in
English and Spanish.

Section 3 of the bill amends Labor Law section 564 by creating a new
subdivision to conform state law to federal law by eliminating the
requirement that farm employers make contributions to the state
Unemployment Insurance Trust Fund for workers who are admitted to the
U.S. to perform agricultural labor under the federal Immigration and
Nationality Act if they are excluded from the definition of employment
under the federal unemployment law and are ineligible to receive
unemployment benefits.

 EXISTING LAW :

The day of rest provision under section 161 of the Labor Law does not
apply to farm workers.

Farm workers are excluded from the overtime requirement under the
federal Fair Labor Standards Act (29 use sec. 213) which requires
workers to be paid at one and a half times their hourly wage rate for
work in excess of 40 hours a week.

The Federal Unemployment Tax Act (26 use sec. 3306) does not allow
farm workers who are aliens to collect unemployment benefits.

 JUSTIFICATION :

Farm workers have long been excluded from many basic labor rights
under both federal and New York labor laws. In 1994, the Legislature
held a joint public hearing to review the unequal labor protections
between farm workers and other workers in the state. The hearing
resulted in several recommendations to provide equal labor rights for
farmworkers, including the right to a day of rest and overtime. Since
then, the only equal right that has been enacted is a requirement that
any increase in the state's minimum wage take effect at the same time
for farm workers as all other workers.

Since then, farm workers have continued to provide essential services
to New York's agricultural industry. For several years, the state has
ranked 3rd nationally in milk production. The sales of many New York
agricultural products also rank high nationally, including fruits and
berries which rank 6th, and vegetables, melons and potatoes which rank
11th. The current hourly wage for field workers in New York is $10.65
an hour and $9.92 an hour for livestock workers. Their income is
further limited by the seasonality of their employment, which for many
is less than 12 months a year. Farmworkers also suffer many
work-related illnesses as a result of exposure to toxic substances
such as pesticides, musco-skeletal strain, and other work conditions,
but they have no health benefits.

This legislation would provide farm workers with the same right to a
day of rest enjoyed by other workers, which is intended to protect the
health and safety of employees. Allowing farm workers to take a
voluntary day off would allow them to take care of medical and other
personal needs.

The legislation would also provide farm workers with the same right to
overtime as most other employees who work more than 40 hours a week.
New York's farm workers work an average of 41.1 hours a week. Under
the legislation, farm employers would save $800,000 annually by no
longer having to pay state unemployment taxes for workers who are
ineligible for unemployment benefits under the law.

The bill also requires a farm labor agreement to be signed.  Often the
terms of employment for farm workers are in a constant flux which puts
them in a tough position. Requiring this labor agreement strengthens
disclosure of labor rights and creates better working situations for
farm laborers.

 LEGISLATIVE HISTORY :

2007-2008: Similar bill A.3383 - Referred to Rules
2005: Similar bill S.5887/A.1993-A - Advanced to 3rd reading in both
houses

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.