senate Bill S7289

2013-2014 Legislative Session

Excludes alien farm laborers from unemployment insurance coverage

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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
May 09, 2014 referred to labor

S7289 - Bill Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง564, Lab L

S7289 - Bill Texts

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Excludes alien farm laborers from unemployment insurance coverage.

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BILL NUMBER:S7289

TITLE OF BILL: An act to amend the labor law, in relation to
excluding certain agricultural labor from coverage under the provision
of the unemployment insurance law

PURPOSE:

To exempt employers of alien agricultural labor from paying
unemployment insurance on those workers.

SUMMARY OF PROVISIONS:

Section 1- subdivision 2 of section 564 of the labor law is renumbered
subdivision 3 and a new subdivision 2 is added to exclude from the
term "employment" an individual who is an alien admitted to the United
States to perform agricultural labor. This will conform New York State
statute to section 214(c) and 10(a)(15)(H) of the Federal Immigration
and Nationality act if they are excluded from the definition of
employment in section 3306(c) of the Federal Unemployment tax Act.

JUSTIFICATION:

This bill would rectify and inequity in the New York State Labor Law.
Currently, employers of alien agricultural laborers are required to
pay unemployment insurance on their migrant workers. The inequity
arises in the fact that under federal statute these workers are
precluded from unemployment insurance benefits due to their status as
aliens. It is important to note that these laborers perform a valuable
service to the agricultural community by performing tasks that which
otherwise would not be performed by the local labor force. Farmers
must take advantage of hiring migrant laborers when there is a
shortage of other workers. If enacted, the bill will have a negligible
impact on the unemployment insurance fund, however the cost imposed on
the employer are burdensome and unsubstantiated. This bill is a
necessary step in providing financial relief to many of our state's
farmers.

LEGISLATIVE HISTORY:

S. 302 of 2009/10- Referred to Labor; A. 2256- Referred to Labor

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7289

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced  by  Sen.  LITTLE -- 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 excluding certain agricul-
  tural labor from coverage under  the  provision  of  the  unemployment
  insurance law

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

  Section 1. Subdivision 2 of section 564 of the labor law is renumbered
subdivision 3 and a new subdivision 2 is added to read as follows:
  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)
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.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15057-01-4

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