Senate Bill S3391

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3391
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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.
                                                            LBD08829-01-9

              

 S. 3391                             2
 
   §  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.
   § 3. The labor law is amended by adding two  new  sections  163-a  and
 163-b to read as follows:
   §  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.
   § 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.
   § 4. This act shall take effect immediately.