S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4860
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BLANKENBUSH, GIGLIO, GOODELL, FRIEND, FINCH,
   HAWLEY, MONTESANO -- Multi-Sponsored by -- M. of A. CROUCH,  DiPIETRO,
   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.
                                                            LBD09131-01-9
              

 A. 4860                             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.