senate Bill S1879

2011-2012 Legislative Session

Relates to the farmworkers fair labor practices act

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to labor
Jan 13, 2011 referred to labor

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S1879 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §§2, 161, 564, 674 & 701, add §§163-a , 704-b & 719, Lab L; amd §§51, 120 & 201, add §110-b, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S8223

S1879 - Bill Texts

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Relates to the Farmworkers' Fair Labor Practices Act, including farm laborers within provisions pertaining to overtime compensation and unemployment insurance, granting collective bargaining rights to certain farm laborers; regulates the farm employment of certain employees; relates to the application of the sanitary code to farm and food processing labor camps for migrant workers; relates to the eligibility of farm laborers for disability benefits.

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BILL NUMBER:S1879

TITLE OF BILL:
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 insurance, 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;
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

PURPOSE OR GENERAL IDEA OF BILL:
To establish the Farmworkers Fair Labor practices Act to allow farm
workers overtime, a day of rest, disability insurance, unemployment
benefits, and other labor protections granted to other workers in New
York State.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill entitles the bill "The Farmworkers Fair Labor
Practices Act."

Section 2 of the bill amends section 2 of the labor law to define the
term "farm labor."

Section 3 of the bill amends section 161 of the labor law to allow.
farm workers 24 consecutive hours of rest each week and to provide for
payment of overtime for working on the day of rest.

Section 4 of the bill amends section 161 of the labor law to allow
workers employed in dairies, creameries, and who care for live
animals 24 hours of rest during each calendar week.

Section 5 of the bill establishes a new section 163 -a of the labor
law to establish an overtime rate for farmworkers who work more than
ten hours a day, fifty-five hours a week, or six days a week.

Section 6 of the bill amends section 564 of the labor law to change
the unemployment insurance threshold to make farmworkers eligible for
benefits if their employers paid at least $6250 in a calendar quarter.

Section 7 of the bill amends section 674 of the labor law to exclude
the subminimum wage for underage farm workers.

Section 8 of the bill amends section 701 of the labor law to provide
collective bargaining rights to workers of a farm employer with gross
sales of at least $650,000 during the previous calendar year.

Section 9 of the bill adds a new section 704-b to the labor law to
require a 21-day cooling off period between certain farm employers


and employees before they use a work stoppage or lockout to settle a
labor dispute.

Section 10 of the bill adds a new section 719 to the labor law to
establish an advisory committee on collective bargaining between farm
employers and farm laborers.

Section 11 of the bill amends section 51 of the workers' compensation
law to require the posting of notice of workers' compensation
insurance in English and Spanish, and to increase the penalty from
$250 to $500 for failure to post such notice.

Section 12 of the bill adds a new section 110-b to the workers'
compensation law to require foremen who receive notice of an injury
to a worker suffered in the course of farm employment to inform the
employer of the injury.

Section 13 of the bill amends the section 120 of the workers'
compensation law to make it unlawful to discharge an employee for
requesting a claim form relating to injuries incurred in the course
of employment.

Section 14 of the bill amends section 201 of the workers' compensation
law to provide disability insurance coverage to farm workers.

Section 15 of the bill adds a new section to protect the rights of
farmworkers established under a collective bargaining agreement.

Section 16 of the bill establishes the effective dates of the rights
established under the act.

EXISTING LAW:
Section 161 of the labor law excludes farmworkers from the right to a
day of rest.

The fair labor standards act, 29 U.S.C. section 213, excludes
farmworkers from the right to overtime pay for work in excess of 40
hours a week.

Section 564 of the labor law excludes farmworkers from eligibility for
unemployment benefits unless their employer pays at least $20,000 in
cash remuneration during a calendar quarter.

Section 674 of the labor law allows underage farmworkers to be paid
less than the minimum wage rate.

Section 701 of the labor law excludes farmworkers from the right to
collective bargaining.

Section 225 of the public health law exempts the application of the
state sanitary code to housing for migrant farmworkers occupied by
less than five persons.

Section 51 of the workers' compensation law establishes a fine of up
to $250 for failure to post notice of workers' compensation insurance.


Section 201(6) (A) of the workers' compensation law excludes
Farmworkers from the right to disability insurance.

JUSTIFICATION:
Farmworkers perform essential services for New York's agricultural
industry which ranks near the top nationally in dairy, apples,
vegetables, grapes, floriculture and other products. Farm work is
labor intensive that involves arduous tasks, exposure to pesticides,
and long hours. Farmworkers frequently suffer physical injuries and
illnesses in the course of their employment, often beyond that
suffered by workers in other industries. It is unjust that the labor
protections provided to other workers in New York such as a day of
rest, overtime pay, disability insurance, unemployment benefits and
collective bargaining have been denied to farmworkers for decades.
This legislation would grant farmworkers the basic labor rights long
enjoyed by other public and private employees in our State.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect upon enactment, provided that section
fifteen of this act shall take effect on the one hundred eightieth
day after it shall have become a law, and provided further, that
sections five, eight and nine of this act shall take effect January
1, 2012.

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

                                  1879

                       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 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; and to amend the work-
  ers' 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. Subdivision 16 of section 2 of the labor law, as added by chapter
564 of the laws of 2010, is renumbered subdivision 18 and a new subdivi-
sion 17 is added to read as follows:
  17. "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-
CULTURAL OR HORTICULTURAL COMMODITY RAISED ON THE EMPLOYER'S FARM.   THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06345-02-1

S. 1879                             2

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, FIFTY-FIVE 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 FIFTY-FIVE 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 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.  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 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

S. 1879                             3

WHICH HE 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 FIFTY-
FIVE HOURS IN ANY CALENDAR WEEK.
  B. 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] SIX thousand 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] SIX thousand 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.  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

S. 1879                             4

  (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;  AND  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
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.

S. 1879                             5

  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
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 TWELVE.
THE  ADVISORY  COMMITTEE  SHALL  CONSIST  OF  SIX MEMBERS, INCLUDING THE
COMMISSIONER OR HIS OR HER DESIGNEE, ONE  UPON  THE  NOMINATION  OF  THE
SPEAKER  OF THE ASSEMBLY, ONE UPON NOMINATION OF THE TEMPORARY PRESIDENT

S. 1879                             6

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 ADVISORY 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 TWELVE.
  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. 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 12. 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

S. 1879                             7

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  13. 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 14. The opening paragraph of paragraph A of subdivision 6 of section
201 of the workers' compensation law, as amended by chapter 481  of  the
laws of 2010, 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  include  domestic or
personal work in a private home. 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 associ-
ate is directly related to sales or other output (including the perform-
ance  of  services)  rather  than to the number of hours worked; (b) the
services performed by the broker or sales associate are performed pursu-
ant to a written contract executed between such broker or sales  associ-
ate  and  the person for whom the services are performed within the past
twelve to fifteen months; and (c) the written contract provided  for  in
subparagraph  (b)  of  this  paragraph was not executed under duress and
contains the following provisions:
  S 15. 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 16. This act shall take effect immediately,  provided  that  section
fifteen  of  this act shall take effect on the one hundred eightieth day
after it shall have become a law, and provided  further,  that  sections
five,  eight,  and  nine  of this act shall take effect January 1, 2012;
provided, however, that the renumbering provided by section two of  this
act shall take effect on the same date and in the same manner as section
2 of chapter 564 of the laws of 2010, takes effect.

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