S T A T E O F N E W Y O R K
________________________________________________________________________
7787
I N S E N A T E
May 11, 2010
___________
Introduced by Sens. ONORATO, BRESLIN, ADAMS, ADDABBO, DIAZ, DUANE,
HASSELL-THOMPSON, HUNTLEY, KRUEGER, MARCELLINO, OPPENHEIMER, PADAVAN,
PARKER, PERALTA, PERKINS, SCHNEIDERMAN, SERRANO, SQUADRON, STAVISKY,
STEWART-COUSINS, THOMPSON -- 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 allowing farmworkers 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
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16988-03-0
S. 7787 2
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 SUBDIVISION 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:
1. HOURLY RATE. A. 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 OR SHE 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 OR SHE IS EMPLOYED FOR THE FIRST
EIGHT HOURS WORKED, AND TWO TIMES THE REGULAR RATE AT WHICH HE OR SHE IS
EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF EIGHT HOURS THAT DAY.
B. BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABORER
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 OR SHE 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
S. 7787 3
ONE AND ONE-HALF TIMES THE REGULAR RATE AT WHICH HE OR SHE IS EMPLOYED
FOR THE FIRST EIGHT HOURS WORKED, AND TWO TIMES THE REGULAR RATE AT
WHICH HE OR SHE IS EMPLOYED FOR ALL HOURS WORKED IN EXCESS OF EIGHT
HOURS THAT DAY.
2. PIECE WORK RATE. A. 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.
B. BEGINNING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY FARM LABORER
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 REGU-
LATIONS OF THE DEPARTMENT FOR HOURS WORKED IN EXCESS OF TEN HOURS IN ANY
DAY OR FIFTY-FIVE HOURS IN ANY CALENDAR WEEK.
C. 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] TITLE, an
employer of persons engaged in agricultural labor shall become liable
for contributions 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 OR SHE 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 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)
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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
OR SHE 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 OR SHE deems
appropriate to carry out the purposes of this article and to safeguard
minimum wage standards. Such regulations may include, but are not limit-
ed to, the defining of the circumstances or conditions for the accept-
ance 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 OR HER parent or spouse or in the domestic
service of and directly employed, controlled and paid by any person in
his OR HER 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 SIX HUNDRED FIFTY THOUSAND DOLLARS DURING
THE PREVIOUS CALENDAR YEAR ACCORDING TO THE UNITED STATES DEPARTMENT OF
AGRICULTURE 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
S. 7787 5
or any individual employed in a charitable non-profit rehabilitation
facility or sheltered workshop who has received rehabilitative or thera-
peutic services and whose capacity to perform the work for which he OR
SHE is engaged is substantially impaired by physical or mental deficien-
cy 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.
(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
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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 DECEMBER 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 MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN.
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
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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 OR HER place or places of
business typewritten or printed IN ENGLISH AND SPANISH notices in form
prescribed by the chairman, stating the fact that he OR SHE has complied
with all the rules and regulations of the chairman and the board and
that he OR SHE has secured the payment of compensation to his OR HER
employees and their dependents 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 chapter. Every employer who owns or operates automotive
or horse-drawn vehicles and has no minimum staff of regular employees
required to report for work at an established place of business main-
tained by such employer and every employer who is engaged in the busi-
ness of moving household goods or furniture shall post such notices in
each and every vehicle owned or operated by him OR HER. Failure to post
or maintain such notice in any of said vehicles shall constitute
presumptive evidence that such employer 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
S. 7787 8
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 on the thirtieth day after it shall
have become a law, 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 July 1, 2011.
