senate Bill S64

2013-2014 Legislative Session

Requires farm workers and domestic workers to be given at least 24 hours of consecutive rest

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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 08, 2014 referred to labor
Jan 09, 2013 referred to labor

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S64 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §161, add §§163-a & 163-b, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S671
2009-2010: S2246

S64 - Bill Texts

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Requires farm workers and domestic workers to be given at least 24 hours of consecutive rest like other employees in New York State.

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BILL NUMBER:S64

TITLE OF BILL:
An act to amend the labor law, in relation to allowing farm workers
and domestic workers one day of rest each week

PURPOSE:
To allow farm workers and domestic workers to have one day of rest a
week like other employees in New York State.

SUMMARY OF PROVISIONS:
Section 1 amends labor law section 161 to allow farm workers and
domestic workers 24 hours of rest in each calendar week.

Section 2 amends labor law section 161 (2) to make conforming changes
for farm workers.

Section 3 adds new sections to the labor law to allow farm workers and
domestic workers who voluntarily refuse 24 hours of rest to be
compensated at a rate of at least one and a half times the worker's
normal wage rate.

JUSTIFICATION:
The day of rest provision was enacted to protect the health of the
State's workforce. Although a business can increase its output with an
additional day of labor, the Legislature has determined that this
interest must give way to the interest of ensuring that the workforce
is healthy.

Farm work and domestic work are labor intensive, far in excess of many
other occupations. The rationale for granting a day off applies as
much, if not more, to farm workers and domestic workers.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.671
2009-10: A.611 Referred to Labor
2007-08: A.2717 Referred to Labor
2005-06: A.2855 Referred to Labor
2003-04: A.9873 Advanced to 3rd reading

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

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

                                   64

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- 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  and
  domestic workers one day of rest each week

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 161 of the labor law is amended by adding  two  new
subdivisions 7 and 8 to read as follows:
  7.  EVERY FARMER EMPLOYING FARM LABORERS SHALL OFFER THOSE FARM LABOR-
ERS TWENTY-FOUR CONSECUTIVE HOURS OF REST IN  EACH  AND  EVERY  CALENDAR
WEEK.  THIS  REQUIREMENT SHALL NOT APPLY TO THE PARENT, CHILD, SPOUSE OR
OTHER MEMBER OF THE EMPLOYER'S IMMEDIATE FAMILY. TWENTY-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
SUBDIVISION. NO PROVISION OF THIS  SUBDIVISION  SHALL  PROHIBIT  A  FARM
LABORER FROM VOLUNTARILY REFUSING THE REST REQUIRED BY THIS SUBDIVISION.
THE TERM "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED BY AN EMPLOY-
EE  ON  A FARM IN CONNECTION WITH CULTIVATING THE SOIL, OR IN CONNECTION
WITH RAISING OR HARVESTING OF AGRICULTURAL  COMMODITIES,  INCLUDING  THE
RAISING,  SHEARING,  CARING  FOR AND MANAGEMENT OF LIVESTOCK, POULTRY OR
DAIRY.
  8. EVERY EMPLOYER EMPLOYING DOMESTIC WORKERS IN PERSONAL  OR  DOMESTIC
SERVICE IN PRIVATE HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSEC-
UTIVE  HOURS  OF  REST  IN EACH AND EVERY CALENDAR WEEK. NO PROVISION OF
THIS SUBDIVISION SHALL  PROHIBIT  A  DOMESTIC  WORKER  FROM  VOLUNTARILY
REFUSING THE REST REQUIRED BY THIS SUBDIVISION. THE TERM "DOMESTIC WORK-
ER"  SHALL  INCLUDE  ALL  SERVICES PERFORMED BY AN EMPLOYEE IN A PRIVATE
HOME IN CONNECTION WITH CHILD CARE, CLEANING, COOKING, DRIVING,  GARDEN-
ING AND PERSONAL ASSISTANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01087-01-3

S. 64                               2

  S  2.  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 3. The labor law is amended by adding two  new  sections  163-a  and
163-b to read as follows:
  S  163-A. HOURS OF LABOR ON FARMS. ANY PERSON OR CORPORATION OPERATING
A  FARM  EMPLOYING  FARM  LABORERS  SHALL  OFFER  THOSE  FARM   LABORERS
TWENTY-FOUR  CONSECUTIVE  HOURS OF REST IN EACH AND EVERY CALENDAR WEEK;
PROVIDED, HOWEVER, THAT THE FARM LABORER MAY VOLUNTARILY REFUSE  TWENTY-
FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CALENDAR WEEK. ANY FARM
LABORER  WHO  REFUSES  TWENTY-FOUR  CONSECUTIVE  HOURS  OF REST SHALL BE
COMPENSATED AT A RATE WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORK-
ER'S NORMAL WAGE RATE.
  S 163-B. HOURS OF LABOR FOR DOMESTIC WORK. ANY PERSON  OR  CORPORATION
EMPLOYING  DOMESTIC  WORKERS  IN PERSONAL OR DOMESTIC SERVICE IN PRIVATE
HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSECUTIVE HOURS OF  REST
IN  EACH  AND  EVERY CALENDAR WEEK; PROVIDED, HOWEVER, THAT THE DOMESTIC
WORKER MAY VOLUNTARILY REFUSE TWENTY-FOUR CONSECUTIVE HOURS OF  REST  IN
EACH   AND   EVERY  CALENDAR  WEEK.  ANY  DOMESTIC  WORKER  WHO  REFUSES
TWENTY-FOUR CONSECUTIVE HOURS OF REST SHALL BE  COMPENSATED  AT  A  RATE
WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORKER'S NORMAL WAGE RATE.
  S 4. This act shall take effect immediately.

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