senate Bill S235

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to labor
Jan 04, 2017 referred to labor

Co-Sponsors

S235 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §§161, 220, 511, 564, 651, 674 & 701, add §163-a, 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
2011-2012: S964, S1862
2013-2014: S1743
2015-2016: S1291

S235 (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 an 8 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.

S235 (ACTIVE) - Sponsor Memo

S235 (ACTIVE) - Bill Text download pdf


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

                                   235

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

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  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

  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".
  §  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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