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Senate Bill S7964

2009-2010 Legislative Session

Provides for twenty-four hours of consecutive rest for farm laborers

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S7964 (ACTIVE) - Details

See Assembly Version of this Bill:
A11377
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd ยง161, Lab L

2009-S7964 (ACTIVE) - Summary

Provides for twenty-four hours of consecutive rest for farm laborers.

2009-S7964 (ACTIVE) - Sponsor Memo

2009-S7964 (ACTIVE) - Bill Text download pdf 

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

                                  7964

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by  Sen. ONORATO -- 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  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.

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