The New York State Senate

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

                                  6578

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 16, 2019
                               ___________

Introduced  by  Sen. RAMOS -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT to amend the  labor  law,  in  relation  to  granting  collective
  bargaining  rights to farm laborers and allowing farm laborers 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; to  amend  the
  labor  law,  in relation to labor on a farm and regulating the employ-
  ment of certain  employees  whose  earning  capacity  is  affected  or
  impaired  by  youth or age; and to amend the labor law, in relation to
  unfair labor practices, impasse resolution procedures and the  conven-
  ing of a farm laborers wage board

  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  "farm
laborers fair labor practices act".
  §  2.  Legislative  findings and intent. 1. The legislature finds that
agriculture is one of New York's leading and most important  industries,
resulting in over $5 billion annually and making New York a global lead-
er in many crops and agricultural products.  Agriculture plays an essen-
tial  role  in  the  continued  economic growth and vitality of New York
state.  According to the United States Department of Agriculture's  2017
Agricultural  Census, 98% of New York's farms are family owned and these
farms contributed $2.4 billion to the state's GDP in 2017.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12035-01-9

S. 6578                             2

  2. The legislature further finds that the success of New York's robust
agriculture industry is due to the collaborative  work  between  farmers
and  farm laborers. However, farm laborers are one of the few classes of
employees that are not covered by the Federal Fair Labor  Standards  Act
or  the  National  Labor  Relations  Act  (NLRA), denying these valuable
employees the same basic labor protections and the right  to  collective
bargaining  that  almost all other private sector workers enjoy. Despite
regularly working 50, 60, 70 or even more hours a week doing arduous and
difficult work, often with heavy equipment, pesticides, fertilizers  and
other  dangerous  materials  and in sometimes hazardous situations, farm
laborers remain excluded from collective  bargaining  statutes  and  the
right to a day of rest, overtime and other labor protections that are in
place at the state and/or federal level for other workers.
  3.  The  legislature  further  finds  that this industry is subject to
unique and unpredictable factors including climate and weather,  pricing
and  market  requirements,  seasonal  harvests, immigration, and various
federal and state laws, rules and regulations that directly impact farm-
ers and require a unique balance and application  of  traditional  labor
protections  to ensure farm laborers have a voice in their own terms and
conditions of employment and access to  basic  labor  protections  while
also  creating  adaptability  and  responsiveness  to the unique circum-
stances of farm operations.
  4. The legislature further finds that the labor standards included  in
this  bill  are intended solely for the purposes of transitioning into a
modern structure of rights and benefits for farm laborers  that  achieve
harmonious  labor  relations and stability of operations in the agricul-
tural industry and are not intended for any other industry or sector  of
the economy.
  §  3.  Paragraph (a) of subdivision 3 of section 701 of the labor law,
as amended by chapter 43 of the laws of 1989, is amended and a new para-
graph (c) is added 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
and  directly  employed,  controlled and paid by any person in his home,
any individual whose primary responsibility is the care of a minor child
or children and/or someone who lives in the home of  a  person  for  the
purpose  of  serving  as  a companion to a sick, convalescing or elderly
person or any individuals employed only for  the  duration  of  a  labor
dispute,  [or any individuals employed as farm laborers] or[,] any indi-
vidual who participates in and receives  rehabilitative  or  therapeutic
services in a charitable non-profit rehabilitation facility or sheltered
workshop or any individual employed in a charitable non-profit rehabili-
tation facility or sheltered workshop who has received rehabilitative or
therapeutic services and whose capacity to perform the work for which he
is engaged is substantially impaired by physical or mental deficiency or
injury.
  (C) THE TERM "EMPLOYEE" SHALL ALSO INCLUDE FARM LABORERS. "FARM LABOR-
ERS"  SHALL  MEAN  ANY INDIVIDUAL ENGAGED OR PERMITTED BY AN EMPLOYER TO
WORK ON A FARM, EXCEPT THE PARENT, SPOUSE, CHILD, OR OTHER MEMBER OF THE
EMPLOYER'S IMMEDIATE FAMILY.

S. 6578                             3

  § 4. Subdivision 1 of section 161 of  the  labor  law  is  amended  by
adding a new undesignated paragraph to read as follows:
  EVERY  PERSON  EMPLOYED  AS  A  FARM LABORER SHALL BE ALLOWED AT LEAST
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
PARAGRAPH.  NO PROVISION OF THIS PARAGRAPH SHALL PROHIBIT A FARM LABORER
FROM VOLUNTARILY AGREEING TO WORK ON SUCH DAY OF REST REQUIRED  BY  THIS
PARAGRAPH,  PROVIDED THAT THE FARM LABORER IS COMPENSATED AT AN OVERTIME
RATE WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE LABORER'S REGULAR RATE
OF PAY FOR ALL HOURS WORKED ON SUCH DAY OF REST.  THE TERM "FARM  LABOR"
SHALL  INCLUDE  ALL  SERVICES  PERFORMED  IN  AGRICULTURAL EMPLOYMENT 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.  THE DAY OF
REST AUTHORIZED UNDER THIS SUBDIVISION SHOULD, WHENEVER POSSIBLE,  COIN-
CIDE WITH THE TRADITIONAL DAY RESERVED BY THE FARM LABORER FOR RELIGIOUS
WORSHIP.
  §  5.  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.
  § 6. The labor law is amended by adding a new section 163-a to read as
follows:
  § 163-A. FARM LABORERS. NO PERSON  OR  CORPORATION  OPERATING  A  FARM
SHALL REQUIRE ANY EMPLOYEE TO WORK MORE THAN SIXTY HOURS IN ANY CALENDAR
WEEK;  PROVIDED,  HOWEVER,  THAT  ANY  OVERTIME WORK PERFORMED BY A FARM
LABORER SHALL BE AT A RATE WHICH IS AT LEAST ONE AND ONE-HALF TIMES  THE
LABORER'S  REGULAR RATE OF PAY.  NO WAGE ORDER SUBJECT TO THE PROVISIONS
OF THIS CHAPTER SHALL BE APPLICABLE TO A FARM LABORER OTHER THAN A  WAGE
ORDER  ESTABLISHED  PURSUANT  TO SECTION SIX HUNDRED SEVENTY-FOUR OR SIX
HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER.
  § 7. The opening paragraph  of  paragraph  (a)  of  subdivision  6  of
section  511  of the labor law, as amended by chapter 675 of the laws of
1977, is amended to read as follows:
  The term "employment" [does not include] INCLUDES  agricultural  labor
[unless  it is covered pursuant to section five hundred sixty-four]. The
term "agricultural labor" includes all service performed:
  § 8. Section 564 of the labor law, as added by chapter 675 of the laws
of 1977, is amended to read as follows:
  § 564. Agricultural labor CREW LEADERS.   [1. Coverage.  (a)  Notwith-
standing  the  provisions of section five hundred sixty of this article,
an employer of persons engaged in agricultural labor shall become liable
for contributions under this article if the employer:
  (1) has paid cash remuneration of twenty thousand dollars or  more  in
any calendar quarter to persons employed in agricultural labor, and such
liability shall commence on the first day of such quarter, or

S. 6578                             4

  (2)  has employed in agricultural labor ten or more persons 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)  is  liable for the tax imposed under the federal unemployment tax
act as an employer of agricultural labor and the liability shall in such
event commence on the first day of the calendar quarter in such calendar
year when he first paid remuneration  for  agricultural  labor  in  this
state.
  (b)  An  employer who becomes liable for contributions under paragraph
(a) of this subdivision shall cease to be liable as of the first day  of
a  calendar  quarter  next following the filing of a written application
provided the commissioner finds that the employer:
  (1) has not paid to persons employed in agricultural labor cash remun-
eration of twenty thousand dollars or more in any of the eight  calendar
quarters preceding such day, and
  (2) has not employed in agricultural labor ten or more persons on each
of  twenty  days during the current or the preceding calendar year, each
day being in a different week, and
  (3) is not liable for the tax imposed under the  federal  unemployment
tax act as an employer of agricultural labor.
  2.  Crew  leader.] Whenever a person renders services as a member of a
crew which is paid and furnished by the crew leader to perform  services
in  agricultural  labor for another employer, such other employer shall,
for the purpose of this article, be deemed to be the  employer  of  such
person, unless:
  [(a)]  1.  the  crew  leader holds a valid certificate of registration
under the federal farm labor contractor  registration  act  of  nineteen
hundred sixty-three or substantially all the members of the crew operate
or  maintain tractors, mechanized harvesting or [cropdusting] CROP DUST-
ING machinery or any other mechanized equipment which is provided by the
crew leader, and
  [(b)] 2. the crew leader is not an employee of such other employer and
has not entered into a written agreement with such employer under  which
he is designated as an employee.
  §  9.  Paragraph  (m)  of  subdivision  5 of section 225 of the public
health law, as amended by section 51 of part A of chapter 58 of the laws
of 2010, is amended to read as follows:
  (m) require that application be made for a permit to operate a farm or
food processing labor camp as defined in the  sanitary  code;  authorize
appropriate  officers or agencies to issue such a permit when the appli-
cant is in compliance with the established regulations; prescribe stand-
ards for living quarters  at  farm  and  food  processing  labor  camps,
including  provisions  for  sanitary conditions; light, air, and safety;
protection from fire hazards; maintenance; and such other matters as may
be appropriate for security of life or health,  provided  however,  that
the  provisions  of  the  sanitary  code  established  pursuant  to  the
provisions hereof shall apply to all  farm  and  food  processing  labor
camps  intended to house migrant workers and which are occupied [by five
or more persons]. In the preparation of  such  regulations,  the  public
health and health planning council may request and shall receive techni-
cal  assistance  from  the  board  of standards and appeals of the state
department of labor and the state building code commission.  Such  regu-
lation  shall  be enforced in the same manner as are other provisions of
the sanitary code;

S. 6578                             5

  § 10. Groups 14-a and 14-b of subdivision 1 of section 3 of the  work-
ers'  compensation law, Group 14-a as amended by chapter 233 of the laws
of 1961 and Group 14-b as added by chapter 646 of the laws of 1966,  are
amended to read as follows:
  Group  14-a.  On  and after January first, nineteen hundred sixty-two,
any other employment in a trade, business, or occupation carried  on  by
the  employer  for  pecuniary gain in which one or more employees [other
than farm laborers] are employed.
  Group 14-b. Employment as a farm laborer as provided herein.  A farmer
shall  provide  coverage  under  this  chapter  for  all  farm  laborers
[employed  during  any  part  of the twelve consecutive months beginning
April first of any calendar year preceded by a calendar  year  in  which
the  cash  remuneration  paid  to  all  farm  laborers aggregated twelve
hundred dollars or more].
  § 11.  Section 51 of the workers'  compensation  law,  as  amended  by
chapter 561 of the laws of 2003, is amended to read as follows:
  § 51. Posting of notice regarding compensation. Every employer who has
complied with section fifty of this article shall post and maintain in a
conspicuous place or places in and about his place or places of business
typewritten or printed IN ENGLISH AND SPANISH notices in form prescribed
by  the  chairman,  stating  the  fact that he has complied with all the
rules and regulations of the chairman and the  board  and  that  he  has
secured  the  payment  of compensation to his employees and their depen-
dents in accordance with the provisions of this chapter, but failure  to
post  such  notice  as  herein  provided shall not in any way affect the
exclusiveness of the remedy provided for by section eleven of this chap-
ter. Every employer who owns or operates automotive or horse-drawn vehi-
cles and has no minimum staff of regular employees  required  to  report
for work at an established place of business maintained by such employer
and  every  employer  who is engaged in the business of moving household
goods or furniture shall post such notices in  each  and  every  vehicle
owned or operated by him. Failure to post or maintain such notice in any
of said vehicles shall constitute presumptive evidence that such employ-
er  has  failed  to secure the payment of compensation. The chairman may
require any employer to furnish a written statement at any time  showing
the stock corporation, mutual corporation or reciprocal insurer in which
such  employer  is  insured  or  the  manner  in which such employer has
complied with any provision of this chapter. Failure for a period of ten
days to furnish such  written  statement  shall  constitute  presumptive
evidence that such employer has neglected or failed in respect of any of
the  matters  so  required.  Any  employer  who fails to comply with the
provisions of this section shall be required to pay to the board a  fine
of [up to two hundred fifty] FIVE HUNDRED dollars for each violation, in
addition  to any other penalties imposed by law to be deposited into the
uninsured employers' fund.
  § 12. The workers' compensation law is amended by adding a new section
110-b to read as follows:
  § 110-B. REPORTING OF INJURIES TO EMPLOYER. EVERY FARM LABOR  CONTRAC-
TOR, FOREMAN OR SUPERVISOR OF FARM LABORERS WHO HAS NOTICE OF ANY INJURY
TO  A  FARM  LABORER  INCURRED  DURING THE COURSE OF EMPLOYMENT SHALL BE
REQUIRED TO INFORM THE EMPLOYER, OWNER OR OPERATOR OF A FARM OF ANY SUCH
INJURY.
  § 13. The opening paragraph of section 120  of  the  workers'  compen-
sation  law,  as  amended  by section 31 of part SS of chapter 54 of the
laws of 2016, is amended to read as follows:

S. 6578                             6

  It shall be unlawful for any employer or his or  her  duly  authorized
agent  to discharge or fail to reinstate pursuant to section two hundred
three-b of this chapter, or in any other manner discriminate against  an
employee  as  to his or her employment because such employee has claimed
or attempted to claim compensation from such employer, REQUESTED A CLAIM
FORM  FOR  INJURIES  RECEIVED IN THE COURSE OF EMPLOYMENT, or claimed or
attempted to claim any benefits provided under this chapter  or  because
he  or  she  has  testified or is about to testify in a proceeding under
this chapter and no other valid reason is shown to exist for such action
by the employer.
  § 14. The opening paragraph of paragraph A of subdivision 6 of section
201 of the workers' compensation law, as amended by chapter 481  of  the
laws of 2010, is amended to read as follows:
  "Employment"  means  employment  in  any trade, business or occupation
carried on by an employer, except that the following shall not be deemed
employment under this article:  services  performed  for  the  state,  a
municipal corporation, local governmental agency, other political subdi-
vision  or  public authority; employment subject to the federal railroad
unemployment insurance act; service performed on or  as  an  officer  or
member  of  the  crew  of  a vessel on the navigable water of the United
States or outside the United States; [service as farm laborers;]  casual
employment  and the first forty-five days of extra employment of employ-
ees not regularly in employment as otherwise defined herein; service  as
golf  caddies;  and service during all or any part of the school year or
regular vacation periods as a part-time worker of any person actually in
regular attendance during the day time as a student in an elementary  or
secondary  school.  The  term  "employment"  shall  include  domestic or
personal work in a private home. The term "employment" shall not include
the services of a licensed real estate broker or sales associate  if  it
be proven that (a) substantially all of the remuneration (whether or not
paid in cash) for the services performed by such broker or sales associ-
ate is directly related to sales or other output (including the perform-
ance  of  services)  rather  than to the number of hours worked; (b) the
services performed by the broker or sales associate are performed pursu-
ant to a written contract executed between such broker or sales  associ-
ate  and  the person for whom the services are performed within the past
twelve to fifteen months; and (c) the written contract provided  for  in
subparagraph  (b)  of  this  paragraph was not executed under duress and
contains the following provisions:
  § 15. The opening paragraph of subdivision 5 of  section  651  of  the
labor  law, as amended by chapter 503 of the laws of 2016, is amended to
read as follows:
  "Employee" includes any individual employed or permitted to work by an
employer in any occupation, but shall not include any individual who  is
employed  or  permitted  to  work: (a) on a casual basis in service as a
part time baby sitter in the home of the employer; (b) [in  labor  on  a
farm;  (c)]  in  a  bona fide executive, administrative, or professional
capacity; [(d)] (C) as an  outside  salesman;  [(e)]  (D)  as  a  driver
engaged  in  operating  a  taxicab; [(f)] (E) as a volunteer, learner or
apprentice  by  a  corporation,  unincorporated  association,  community
chest,  fund  or foundation organized and operated exclusively for reli-
gious, charitable or educational purposes, no part of the  net  earnings
of which inures to the benefit of any private shareholder or individual;
[(g)]  (F)  as  a  member  of  a religious order, or as a duly ordained,
commissioned or licensed minister, priest or rabbi, or as a  sexton,  or
as  a  christian science reader; [(h)] (G) in or for such a religious or

S. 6578                             7

charitable institution, which work is incidental to  or  in  return  for
charitable  aid conferred upon such individual and not under any express
contract of hire; [(i)] (H) in or for such a religious,  educational  or
charitable  institution if such individual is a student; [(j)] (I) in or
for such a religious, educational or charitable institution if the earn-
ing capacity of such individual is impaired by age  or  by  physical  or
mental  deficiency  or  injury;  [(k)]  (J)  in  or for a summer camp or
conference of such a religious, educational  or  charitable  institution
for  not more than three months annually; [(l)] (K) as a staff counselor
in a children's camp; [(m)] (L)  in  or  for  a  college  or  university
fraternity,  sorority,  student  association  or faculty association, no
part of the net earnings of which inures to the benefit of  any  private
shareholder  or  individual,  and which is recognized by such college or
university, if such individual is a student; [(n)]  (M)  by  a  federal,
state  or  municipal  government or political subdivision thereof; [(o)]
(N) as a volunteer at a recreational or amusement event run by  a  busi-
ness that operates such events, provided that no single such event lasts
longer  than  eight  consecutive  days  and  no more than one such event
concerning substantially the same subject matter occurs in any  calendar
year,  where  (1) any such volunteer shall be at least eighteen years of
age, (2) a business seeking coverage under this paragraph  shall  notify
every  volunteer in writing, in language acceptable to the commissioner,
that by volunteering his or her services, such volunteer is waiving  his
or  her  right to receive the minimum wage pursuant to this article, and
(3) such notice shall be signed and dated by  a  representative  of  the
business  and the volunteer and kept on file by the business for thirty-
six months; or [(p)] (O) in the delivery of newspapers or shopping  news
to  the  consumer  by  a  person  who is not performing commercial goods
transportation services for a commercial goods transportation contractor
within the meaning of article twenty-five-C of this chapter. The  exclu-
sions from the term "employee" contained in this subdivision shall be as
defined by regulations of the commissioner.
  § 16. Subdivision 1 of section 674 of the labor law, as added by chap-
ter 552 of the laws of 1969, is amended to read as follows:
  1. The commissioner may promulgate such regulations as he deems appro-
priate  to carry out the purposes of this article and to safeguard mini-
mum wage standards. Such regulations may include, but  are  not  limited
to,  the  defining of the circumstances or conditions for the acceptance
of non-hourly rates and piece rates as equivalent to the minimum  hourly
rates  established  by  this article. Such regulations also may include,
but are not limited  to,  waiting  time  and  call-in  pay  rates;  wage
provisions  governing  guaranteed  earnings  during specified periods of
work; allowances for meals,  lodging,  and  other  items,  services  and
facilities  when furnished by the employer; [and the employment of indi-
viduals whose earning capacity is affected or impaired by youth or age,]
or by physical or mental deficiency or  injury,  under  special  certif-
icates  issued by the commissioner, at such wages lower than the minimum
wage established by this  article  and  for  such  period  as  shall  be
prescribed in such regulations.
  §  17.  Subdivision  2  of section 701 of the labor law, as amended by
chapter 43 of the laws of 1989, is amended to read as follows:
  2. (A) The term "employer" includes any person acting on behalf of  or
in  the interest of an employer, directly or indirectly, with or without
his knowledge, and shall include any person  who  is  the  purchaser  of
services performed by a person described in paragraph (b) of subdivision
three  of this section, but a labor organization or any officer or agent

S. 6578                             8

thereof shall only be considered an employer with respect to individuals
employed by such organization.
  (B)  THE  TERM  "EMPLOYER" INCLUDES AGRICULTURAL EMPLOYERS.   THE TERM
"AGRICULTURAL EMPLOYER" SHALL MEAN ANY EMPLOYER ENGAGED  IN  CULTIVATING
THE  SOIL  OR IN RAISING OR HARVESTING ANY AGRICULTURAL OR HORTICULTURAL
COMMODITY INCLUDING CUSTOM HARVESTING OPERATORS, AND  EMPLOYERS  ENGAGED
IN THE BUSINESS OF CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS AS DEFINED IN
SECTION  THREE  HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, OR OTHER
SIMILAR AGRICULTURAL ENTERPRISES.
  § 18. Section 703 of the labor law is amended by adding a new undesig-
nated paragraph to read as follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FOR FARM LABORERS THE TERM
"CONCERTED ACTIVITIES" SHALL NOT INCLUDE A  RIGHT  TO  STRIKE  OR  OTHER
CONCERTED STOPPAGE OF WORK OR SLOWDOWN.
  §  19.  The labor law is amended by adding a new section 704-b to read
as follows:
  § 704-B. UNFAIR LABOR PRACTICES. 1. IT SHALL BE AN UNFAIR LABOR  PRAC-
TICE  FOR  A  FARM LABORER OR AN EMPLOYEE ORGANIZATION REPRESENTING FARM
LABORERS TO STRIKE ANY AGRICULTURAL EMPLOYER. THE  TERM  "STRIKE"  SHALL
MEAN,  FOR  THE  PURPOSES OF THIS SECTION, ANY STRIKE OR OTHER CONCERTED
STOPPAGE OF WORK OR SLOWDOWN BY FARM LABORERS.
  2. IT SHALL BE AN UNFAIR LABOR PRACTICE FOR AN  AGRICULTURAL  EMPLOYER
TO:
  A.  LOCKOUT  ITS  LABORERS.  THE  TERM  "LOCKOUT"  SHALL MEAN, FOR THE
PURPOSES OF THIS SECTION, A  REFUSAL  BY  AN  AGRICULTURAL  EMPLOYER  TO
PERMIT  FARM  LABORERS  TO  WORK AS A RESULT OF A DISPUTE WITH SUCH FARM
LABORERS OR EMPLOYEE ORGANIZATION REPRESENTING SUCH FARM  LABORERS  THAT
AFFECTS  WAGES,  HOURS  AND  OTHER TERMS AND CONDITIONS OF EMPLOYMENT OF
SUCH FARM LABORERS, PROVIDED, HOWEVER, THAT A LOCKOUT SHALL NOT  INCLUDE
A  TERMINATION  OF  EMPLOYMENT FOR GOOD CAUSE THAT DOES NOT INVOLVE SUCH
LABORERS EXERCISING ANY RIGHTS GUARANTEED BY THIS ARTICLE;
  B. REFUSE TO CONTINUE ALL THE TERMS OF AN EXPIRED  AGREEMENT  UNTIL  A
NEW AGREEMENT IS NEGOTIATED;
  C.  DISCOURAGE  UNION  ORGANIZATION  OR TO DISCOURAGE AN EMPLOYEE FROM
PARTICIPATING  IN  A  UNION  ORGANIZING  DRIVE,  ENGAGING  IN  PROTECTED
CONCERTED  ACTIVITY, OR OTHERWISE EXERCISING THE RIGHTS GUARANTEED UNDER
THIS ARTICLE.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS TO BAR ANY PROCEEDING
BROUGHT PURSUANT TO SECTION SEVEN HUNDRED FOUR OR SEVEN HUNDRED FIVE  OF
THIS ARTICLE.
  § 20. Section 705 of the labor law is amended by adding a new subdivi-
sion 1-a to read as follows:
  1-A. IF THE CHOICE AVAILABLE TO THE EMPLOYEES IN A NEGOTIATING UNIT IS
LIMITED  TO  SELECTING OR REJECTING A SINGLE EMPLOYEE ORGANIZATION, THAT
CHOICE SHALL BE ASCERTAINED BY THE BOARD ON THE BASIS OF DUES  DEDUCTION
AUTHORIZATIONS  INSTEAD  OF  BY  AN ELECTION. IN SUCH CASE, THE EMPLOYEE
ORGANIZATION INVOLVED WILL BE CERTIFIED WITHOUT AN ELECTION IF A MAJORI-
TY OF THE EMPLOYEES  WITHIN  THE  UNIT  HAVE  EXECUTED  A  SHOWING  DUES
DEDUCTIONS AUTHORIZATIONS.
  §  21.  The labor law is amended by adding a new section 702-b to read
as follows:
  § 702-B. IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS  AND
FARM  LABORERS.    1.  FOR  PURPOSES  OF THIS SECTION, AN IMPASSE MAY BE
DEEMED TO EXIST IF THE PARTIES FAIL TO ACHIEVE AGREEMENT BY THE END OF A
FORTY-DAY PERIOD FROM THE DATE OF CERTIFICATION  OR  RECOGNITION  OF  AN

S. 6578                             9

EMPLOYEE  ORGANIZATION  OR  FROM  THE  EXPIRATION  DATE  OF A COLLECTIVE
BARGAINING AGREEMENT.
  2.  UPON IMPASSE, AGRICULTURAL EMPLOYERS OR RECOGNIZED EMPLOYEE ORGAN-
IZATIONS MAY REQUEST THE BOARD TO RENDER ASSISTANCE AS PROVIDED IN  THIS
SECTION.  IF  THE  BOARD  DETERMINES  AN IMPASSE EXISTS IN THE COURSE OF
COLLECTIVE NEGOTIATIONS BETWEEN AN AGRICULTURAL EMPLOYER  AND  A  RECOG-
NIZED  EMPLOYEE ORGANIZATION, THE BOARD SHALL AID THE PARTIES IN EFFECT-
ING A VOLUNTARY RESOLUTION OF THE DISPUTE.
  3. ON REQUEST OF EITHER PARTY, AS PROVIDED IN SUBDIVISION TWO OF  THIS
SECTION, AND IN THE EVENT THE BOARD DETERMINES THAT AN IMPASSE EXISTS IN
COLLECTIVE  NEGOTIATIONS BETWEEN SUCH EMPLOYEE ORGANIZATION AND AN AGRI-
CULTURAL EMPLOYER AS TO THE CONDITIONS OF EMPLOYMENT OF  FARM  LABORERS,
THE BOARD SHALL RENDER ASSISTANCE AS FOLLOWS:
  A.  TO  ASSIST  THE  PARTIES  TO  EFFECT A VOLUNTARY RESOLUTION OF THE
DISPUTE, THE BOARD SHALL APPOINT A MEDIATOR FROM  A  LIST  OF  QUALIFIED
PERSONS MAINTAINED BY THE BOARD;
  B.  IF  THE MEDIATOR IS UNABLE TO EFFECT SETTLEMENT OF THE CONTROVERSY
WITHIN THIRTY DAYS AFTER HIS OR HER APPOINTMENT, EITHER PARTY MAY  PETI-
TION THE BOARD TO REFER THE DISPUTE TO A NEUTRAL ARBITRATOR;
  C. UPON PETITION OF EITHER PARTY, THE BOARD SHALL REFER THE DISPUTE TO
A NEUTRAL ARBITRATOR AS HEREINAFTER PROVIDED;
  I.  THE  NEUTRAL ARBITRATOR SHALL BE APPOINTED JOINTLY BY THE AGRICUL-
TURAL EMPLOYER AND EMPLOYEE ORGANIZATION WITHIN TEN DAYS  AFTER  RECEIPT
BY  THE  BOARD  OF  A PETITION FOR ARBITRATION.   EACH OF THE RESPECTIVE
PARTIES IS TO SHARE EQUALLY THE COST  OF  THE  NEUTRAL  ARBITRATOR.  IF,
WITHIN  SEVEN  DAYS  AFTER  THE  MAILING DATE, THE PARTIES ARE UNABLE TO
AGREE UPON THE NEUTRAL ARBITRATOR, THE BOARD SHALL SUBMIT TO THE PARTIES
A LIST OF QUALIFIED,  DISINTERESTED  PERSONS  FOR  THE  SELECTION  OF  A
NEUTRAL  ARBITRATOR.  EACH  PARTY SHALL ALTERNATELY STRIKE FROM THE LIST
ONE OF THE NAMES WITH THE ORDER OF STRIKING DETERMINED BY LOT, UNTIL THE
REMAINING ONE PERSON SHALL BE DESIGNATED AS THE NEUTRAL ARBITRATOR. THIS
PROCESS SHALL BE COMPLETED WITHIN FIVE DAYS OF RECEIPT OF THIS LIST. THE
PARTIES SHALL NOTIFY THE BOARD OF THE DESIGNATED NEUTRAL ARBITRATOR;
  II. THE NEUTRAL ARBITRATOR SHALL HOLD HEARINGS ON ALL MATTERS  RELATED
TO  THE  DISPUTE. THE PARTIES MAY BE HEARD EITHER IN PERSON, BY COUNSEL,
OR BY OTHER REPRESENTATIVES, AS THEY  MAY  RESPECTIVELY  DESIGNATE.  THE
PANEL MAY GRANT MORE THAN ONE ADJOURNMENT EACH FOR EACH PARTY; PROVIDED,
HOWEVER,  THAT  A  SECOND  REQUEST  OF  EITHER  PARTY AND ANY SUBSEQUENT
ADJOURNMENTS MAY BE GRANTED ON REQUEST OF EITHER  PARTY,  PROVIDED  THAT
THE PARTY WHICH REQUESTS THE ADJOURNMENT SHALL PAY THE ARBITRATOR'S FEE.
THE  PARTIES  MAY  PRESENT, EITHER ORALLY OR IN WRITING, OR BOTH, STATE-
MENTS OF FACT, SUPPORTING WITNESSES AND OTHER EVIDENCE, AND ARGUMENT  OF
THEIR  RESPECTIVE  POSITIONS  WITH  RESPECT TO EACH CASE. THE ARBITRATOR
SHALL HAVE AUTHORITY  TO  REQUIRE  THE  PRODUCTION  OF  SUCH  ADDITIONAL
EVIDENCE,  EITHER  ORAL  OR  WRITTEN  AS  SHE  OR HE MAY DESIRE FROM THE
PARTIES AND SHALL PROVIDE AT THE REQUEST OF EITHER PARTY THAT A FULL AND
COMPLETE RECORD BE KEPT OF ANY SUCH HEARINGS, THE COST OF SUCH RECORD TO
BE BORNE BY THE REQUESTING PARTY. IF SUCH RECORD IS CREATED, IT SHALL BE
SHARED WITH BOTH PARTIES REGARDLESS OF WHICH PARTY PAID FOR IT;
  III. THE ARBITRATOR SHALL MAKE A JUST AND REASONABLE DETERMINATION  OF
THE  MATTERS IN DISPUTE. IN ARRIVING AT SUCH DETERMINATION, THE ARBITRA-
TOR SHALL SPECIFY THE BASIS FOR HER OR HIS FINDINGS, TAKING INTO CONSID-
ERATION, IN ADDITION TO ANY FACTORS STIPULATED BY  THE  PARTIES  OR  ANY
OTHER RELEVANT FACTORS, THE FOLLOWING:
  A.  COMPARISON OF THE WAGES, HOURS AND CONDITIONS OF EMPLOYMENT OF THE
EMPLOYEES INVOLVED IN THE ARBITRATION PROCEEDING WITH THE WAGES,  HOURS,

S. 6578                            10

AND  CONDITIONS  OF  EMPLOYMENT  OF  OTHER  EMPLOYEES PERFORMING SIMILAR
SERVICES OR REQUIRING SIMILAR SKILLS UNDER  SIMILAR  WORKING  CONDITIONS
AND  WITH OTHER EMPLOYEES GENERALLY IN AGRICULTURAL EMPLOYMENT IN COMPA-
RABLE COMMUNITIES;
  B.  THE  INTERESTS  AND WELFARE OF THE FARM LABORERS AND THE FINANCIAL
ABILITY OF THE AGRICULTURAL EMPLOYER TO PAY;
  C.  COMPARISON  OF  PECULIARITIES  IN  REGARD  TO  OTHER   TRADES   OR
PROFESSIONS,  INCLUDING  SPECIFICALLY,  (I)  HAZARDS OF EMPLOYMENT; (II)
PHYSICAL QUALIFICATIONS; (III) EDUCATIONAL QUALIFICATIONS;  (IV)  MENTAL
QUALIFICATIONS; (V) JOB TRAINING AND SKILLS;
  D.  THE  TERMS OF COLLECTIVE AGREEMENTS NEGOTIATED BETWEEN THE PARTIES
IN THE PAST PROVIDING FOR COMPENSATION AND FRINGE BENEFITS; AND
  E. THE IMPACT ON THE FOOD SUPPLY AND COMMODITY PRICING.
  IV. THE DETERMINATION OF THE NEUTRAL ARBITRATOR  SHALL  BE  FINAL  AND
BINDING  UPON  THE  PARTIES FOR THE PERIOD PRESCRIBED BY THE ARBITRATOR,
BUT IN NO EVENT SHALL SUCH PERIOD EXCEED TWO YEARS FROM THE DATE OF  THE
ARBITRATOR'S DETERMINATION;
  V.  THE DETERMINATION OF THE PUBLIC ARBITRATION PANEL SHALL BE SUBJECT
TO REVIEW BY A COURT OF COMPETENT JURISDICTION IN THE MANNER  PRESCRIBED
BY LAW.
  §  22.  The labor law is amended by adding a new section 674-a to read
as follows:
  § 674-A. FARM LABORERS WAGE BOARD.   1. WAGE BOARD.  THE  COMMISSIONER
SHALL HEREBY CONVENE A FARM LABORERS WAGE BOARD. THE WAGE BOARD SHALL BE
COMPRISED  OF THREE MEMBERS:  ONE REPRESENTATIVE OF THE FARM BUREAU, ONE
REPRESENTATIVE OF THE NEW YORK STATE AFL-CIO AND ONE MEMBER APPOINTED BY
THE COMMISSIONER, WHO SHALL BE SELECTED  FROM  THE  GENERAL  PUBLIC  AND
DESIGNATED  AS  CHAIRPERSON. THE WAGE BOARD SHALL HOLD ITS FIRST HEARING
NO LATER THAN MARCH FIRST, TWO THOUSAND TWENTY.    THE  MEMBERS  OF  THE
BOARD  SHALL  NOT  RECEIVE  A SALARY OR OTHER COMPENSATION, BUT SHALL BE
PAID ACTUAL AND  NECESSARY  TRAVELING  EXPENSES  WHILE  ENGAGED  IN  THE
PERFORMANCE OF THEIR DUTIES.
  2.  ORGANIZATION. TWO-THIRDS OF THE MEMBERS OF THE BOARD SHALL CONSTI-
TUTE A QUORUM.  THE CHAIRPERSON MAY FROM TIME TO  TIME  FORMULATE  RULES
GOVERNING  THE MANNER IN WHICH THE WAGE BOARD SHALL FUNCTION AND PERFORM
ITS DUTIES UNDER THIS ARTICLE.
  3. POWERS. THE WAGE BOARD SHALL HAVE POWER TO CONDUCT PUBLIC HEARINGS.
THE BOARD MAY ALSO CONSULT WITH AGRICULTURAL EMPLOYERS AND  FARM  LABOR-
ERS,  AND THEIR RESPECTIVE REPRESENTATIVES, IN THE OCCUPATION OR OCCUPA-
TIONS INVOLVED, AND WITH SUCH OTHER PERSONS, INCLUDING THE  COMMISSIONER
AND  THE COMMISSIONER OF AGRICULTURE AND MARKETS, AS IT SHALL DETERMINE.
THE BOARD SHALL ALSO HAVE POWER TO ADMINISTER OATHS AND  TO  REQUIRE  BY
SUBPOENA  THE  ATTENDANCE AND TESTIMONY OF WITNESSES, AND THE PRODUCTION
OF ALL BOOKS, RECORDS, AND OTHER EVIDENCE RELATIVE TO ANY MATTERS  UNDER
INQUIRY. SUCH SUBPOENAS SHALL BE SIGNED AND ISSUED BY THE CHAIRPERSON OF
THE  BOARD AND SHALL BE SERVED AND HAVE THE SAME EFFECT AS IF ISSUED OUT
OF THE SUPREME COURT. THE BOARD SHALL HAVE POWER TO CAUSE DEPOSITIONS OF
WITNESSES RESIDING WITHIN OR WITHOUT THE STATE TO BE TAKEN IN THE MANNER
PRESCRIBED FOR LIKE DEPOSITIONS IN CIVIL ACTIONS IN THE  SUPREME  COURT.
THE  BOARD SHALL NOT BE BOUND BY COMMON LAW OR STATUTORY RULES OF PROCE-
DURE OR EVIDENCE.
  4. PUBLIC HEARINGS. WITHIN FORTY-FIVE DAYS OF THE APPOINTMENT  OF  THE
WAGE  BOARD,  THE  BOARD  SHALL  CONDUCT PUBLIC HEARINGS. THE WAGE BOARD
SHALL ONLY MEET WITHIN THE STATE AND MUST HOLD AT LEAST  THREE  HEARINGS
AT WHICH THE PUBLIC WILL BE AFFORDED AN OPPORTUNITY TO PROVIDE COMMENTS.
AT  LEAST  ONE  SPANISH  LANGUAGE  INTERPRETER  SHALL BE PRESENT AT EACH

S. 6578                            11

PUBLIC HEARING TO INTERPRET ORAL TESTIMONY DELIVERED IN SPANISH. WHERE A
WITNESS REVEALS THE NEED FOR AN INTERPRETER IN  A  LANGUAGE  OTHER  THAN
SPANISH,  TO  THE  EXTENT  PRACTICABLE,  AN INTERPRETER IN THAT LANGUAGE
SHALL  BE  PROVIDED.  ANY  MATERIALS  ADVERTISING SUCH HEARINGS SHALL BE
BILINGUAL IN ENGLISH AND SPANISH. ANY WRITTEN MATERIALS DISBURSED AT THE
HEARING OR SUBSEQUENT TO THE HEARING, INCLUDING  WRITTEN  TESTIMONY  AND
HEARING TRANSCRIPTS, SHALL BE AVAILABLE IN ENGLISH, SPANISH, AND, TO THE
EXTENT PRACTICABLE, ANY OTHER LANGUAGE UPON REQUEST.
  5.  REPORT. THE WAGE BOARD SHALL MAKE A REPORT TO THE GOVERNOR AND THE
LEGISLATURE, INCLUDING ITS RECOMMENDATIONS AS TO OVERTIME WORK FOR  FARM
LABORERS. THE REPORT AND RECOMMENDATIONS OF THE BOARD SHALL BE SUBMITTED
ONLY  AFTER  A  VOTE  OF  NOT LESS THAN A MAJORITY OF ALL ITS MEMBERS IN
SUPPORT OF SUCH REPORT  AND  RECOMMENDATIONS.    SUCH  REPORT  SHALL  BE
SUBMITTED NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY.  THE
OVERTIME  RATES  RECOMMENDED BY THE WAGE BOARD SHALL NOT BE IN EXCESS OF
SIXTY HOURS, AND THE WAGE BOARD SHALL SPECIFICALLY CONSIDER  THE  EXTENT
TO WHICH OVERTIME HOURS CAN BE LOWERED BELOW SUCH AMOUNT SET IN LAW, AND
MAY  PROVIDE FOR A SERIES OF SUCCESSIVELY LOWER OVERTIME WORK THRESHOLDS
AND PHASE-IN DATES AS PART OF ITS DETERMINATIONS.
  6. THE WAGE BOARD SHALL CONSIDER EXISTING OVERTIME RATES IN  SIMILARLY
SITUATED  INDUSTRIES  IN  NEW  YORK STATE. NOTHING CONTAINED IN THE WAGE
BOARD'S REPORT OR RECOMMENDATIONS SHALL DIMINISH OR  LIMIT  ANY  RIGHTS,
PROTECTIONS,  BENEFITS  OR  ENTITLEMENTS CURRENTLY AVAILABLE TO ANY FARM
LABORER.
  7. THE COMMISSIONER SHALL COMPLY WITH SECTION SIX HUNDRED FIFTY-SIX OF
THIS CHAPTER UPON RECEIPT  OF  THE  WAGE  BOARD'S  RECOMMENDATIONS.  THE
COMMISSIONER  MAY  RECONVENE  THE  SAME WAGE BOARD OR APPOINT A NEW WAGE
BOARD IN COMPLIANCE WITH SECTION SIX HUNDRED FIFTY-NINE OF THIS CHAPTER.
  § 23. 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.  FOR  PURPOSES OF THIS SECTION THE TERM
"EMPLOYMENT" SHALL NOT INCLUDE SERVICES RENDERED BY AN INDIVIDUAL WHO IS
ADMITTED TO THE UNITED STATES TO PERFORM AGRICULTURAL LABOR PURSUANT  TO
8 USC 1188 IF, AT THE TIME SUCH SERVICES ARE RENDERED, THEY ARE EXCLUDED
FROM  THE  DEFINITION  OF  EMPLOYMENT  IN SECTION 3306(C) OF THE FEDERAL
UNEMPLOYMENT TAX ACT.
  § 24. Severability. If any word, phrase, clause, sentence,  paragraph,
subdivision,  section or part of this article or the application thereof
to any person or circumstances shall be adjudged invalid by a  court  of
competent  jurisdiction, such order or judgment shall be confined in its
operation to the controversy in which it was  rendered,  and  shall  not
affect  or  invalidate  the  remainder  of  this  article,  but shall be
confined in its operation to the word, phrase, clause,  sentence,  para-
graph,  subdivision,  section  or  part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  § 25. This act shall take effect January 1,  2020;  provided,  however
that  the provisions of section nine of this act shall take effect Janu-
ary 1, 2021.