senate Bill S1862

2011-2012 Legislative Session

Enacts the farmworkers fair labor practices act, granting collective bargaining rights, workers' compensation and unemployment benefits to farmworkers

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to labor
Jan 13, 2011 referred to labor


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S1862 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §§2, 161, 220, 511, 651, 564, 674 & 701, add §§163-a, 704-b & 719, Lab L; amd §225, Pub Health L; amd §§3, 51, 120 & 201, add §110-b, Work Comp L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2247, A1867
2013-2014: S1743, A1792
2015-2016: S1291, A4762
2017-2018: S235, A1223

S1862 (ACTIVE) - Summary

Enacts the farmworkers fair labor practices act: grants collective bargaining rights to farm laborers; requires employers of farm laborers to allow at least 24 consecutive hours of rest each week; provides for a 10 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate (view more) makes provisions of unemployment insurance law applicable to farm laborers; provides sanitary code shall apply to all farm and food processing labor camps intended to house migrant workers, regardless of the number of occupants; provides for eligibility of farm laborers for workers' compensation benefits; requires employers of farm laborers to provide such farm laborers with claim forms for workers' compensation claims under certain conditions; requires reporting of injuries to employers of farmworkers.

S1862 (ACTIVE) - Sponsor Memo

S1862 (ACTIVE) - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011

Introduced by Sen. ESPAILLAT -- 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 granting collective
  bargaining rights to farm laborers and allowing farm workers  one  day
  of  rest  each  week and including farm laborers within the provisions
  pertaining to overtime compensation  and  unemployment  insurance;  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;  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; and to amend
  the labor law, in relation to labor  on  a  farm  and  regulating  the
  employment  of certain employees whose earning capacity is affected or
  impaired by youth or age


  Section  1. This act shall be known and may be cited as "the farmwork-
ers fair labor practices act".
  S 2. 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
  (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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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