Senate Bill S7975

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7975
 
                             I N  S E N A T E
 
                               March 5, 2020
                                ___________
 
 Introduced  by  Sens.  METZGER, RAMOS -- 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  certain  rights  of  farm
   laborers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The closing paragraph of subdivision 1 of  section  161  of
 the  labor  law, as added by chapter 105 of the laws of 2019, is amended
 to read as follows:
   Every person employed as a farm laborer, AS SUCH TERM  IS  DEFINED  IN
 PARAGRAPH  (C) OF SUBDIVISION THREE OF SECTION SEVEN HUNDRED ONE OF THIS
 CHAPTER, 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. THE TERM "EMPLOYER" SHALL  HAVE THE SAME MEANING AS  DEFINED  IN
 PARAGRAPHS  (A)  AND (B) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED ONE
 OF THIS CHAPTER. THE TERM "IMMEDIATE FAMILY MEMBER"  SHALL  MEAN  FAMILY
 RELATED  TO  THE  THIRD DEGREE OF CONSANGUINITY OR AFFINITY. Twenty-four
 consecutive hours spent at rest because of circumstances, such as weath-
 er 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, whenev-
 er possible, coincide with the traditional  day  reserved  by  the  farm
 laborer for religious worship.
   §  2.  Section  163-a of the labor law, as added by chapter 105 of the
 laws of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14968-03-0

 S. 7975                             2
 
   § 163-a. Farm laborers. No person  or  corporation  operating  a  farm
 shall  require  any  [employee] FARM LABORER, AS SUCH TERM IS DEFINED IN
 PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION SEVEN HUNDRED ONE OF  THIS
 CHAPTER,  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  estab-
 lished  pursuant  to  section  six  hundred  seventy-four or six hundred
 seventy-four-a of this chapter.
   § 3. Paragraph (c) of subdivision 3 of section 701 of the  labor  law,
 as  added  by  chapter  105  of  the laws of 2019, is amended to read as
 follows:
   (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.  THE  TERM  "IMMEDIATE FAMILY" SHALL MEAN
 FAMILY RELATED TO THE THIRD DEGREE OF  CONSANGUINITY  OR  AFFINITY.  THE
 TERM  "FARM  LABORERS" SHALL NOT INCLUDE ANY PERSON WHO IS AN EXECUTIVE,
 AN ADMINISTRATIVE OR PROFESSIONAL EMPLOYEE, OR A FOREMAN IN CHARGE.
   § 4. Section 703 of the labor law, as added by chapter 773 of the laws
 of 1940, the closing paragraph as added by chapter 105 of  the  laws  of
 2019, is amended to read as follows:
   § 703. Rights of employees. Employees shall have the right of self-or-
 ganization,  to  form,  join,  or assist labor organizations, to bargain
 collectively through representatives  of  their  own  choosing,  and  to
 engage in concerted activities, for the purpose of collective bargaining
 or other mutual aid or protection, free from interference, restraint, or
 coercion  of  employers,  but nothing contained in this article shall be
 interpreted to prohibit employees from exercising the  right  to  confer
 with  their  employer  at any time, provided that during such conference
 there is no attempt by the employer, directly or indirectly,  to  inter-
 fere  with,  restrain  or coerce employees in the exercise of the rights
 guaranteed by this section.   NO FARM  LABORER  SHALL  BE  IN  THE  SAME
 COLLECTIVE  BARGAINING UNIT AS ANY PERSON WHO IS AN EXECUTIVE, AN ADMIN-
 ISTRATIVE OR PROFESSIONAL EMPLOYEE, OR A FOREMAN IN CHARGE.
   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.
   § 5. This act shall take effect immediately.