S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4627
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. BLANKENBUSH, GRAF, GIGLIO, GOODELL, FRIEND, OAKS,
   FINCH,  BUTLER,  HAWLEY, SEPULVEDA, MONTESANO -- Multi-Sponsored by --
   M. of A.  CROUCH, DiPIETRO, LOPEZ, B. MILLER -- read once and referred
   to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to expanding  the  definition
   of  agricultural  labor  to include working at a farmers market and in
   relation to unemployment insurance coverage requirements for employers
   of agricultural workers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subparagraph  3  of  paragraph  (a) of subdivision 6 of
 section 511 of the labor law, as amended by chapter 196 of the  laws  of
 1966  and  as  renumbered by chapter 607 of the laws of 1971, is amended
 and a new subparagraph 4 is added to read as follows:
   (3) in handling, planting,  drying,  packing,  packaging,  processing,
 freezing,  grading, storing, or delivering to storage or to market or to
 a carrier for transportation to market, any agricultural or horticultur-
 al commodity; but only if such service is performed in the employ of  an
 operator  of a farm (i) as an incident to farming operations or, (ii) in
 the case of fruits and vegetables, as an incident to the preparation  of
 such  fruits  or vegetables for market. The provisions of this paragraph
 shall not apply to  service  performed  in  connection  with  commercial
 canning or commercial freezing or in connection with any agricultural or
 horticultural  commodity  after  its  delivery  to a terminal market for
 distribution for consumption[.];
   (4) AT A FARMERS MARKET, IN THE EMPLOY OF ANY  PERSON  WHO  RAISES  OR
 HARVESTS  ANY AGRICULTURAL OR HORTICULTURAL COMMODITY FOR THE PURPOSE OF
 SELLING SUCH COMMODITIES AT A FARMERS MARKET.
   § 2. Subparagraph 2 of paragraph (a) of subdivision 1 of  section  564
 of  the  labor  law,  as  added  by  chapter 675 of the laws of 1977, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08123-01-7

 A. 4627                             2
 
   (2) has employed in agricultural labor ten or more  persons,  WHO  ARE
 NOT  MEMBERS OF SUCH EMPLOYER'S IMMEDIATE FAMILY, 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. This act shall take effect immediately.