S T A T E O F N E W Y O R K
________________________________________________________________________
4670
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. ASHBY -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to allowing farm laborers to
decide to work on a day of rest
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 amended by section 4 of part II of chapter 58 of the
laws of 2020, is amended 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.
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.] NO PROVISION OF THIS PARAGRAPH SHALL PROHIBIT A FARM LABORER FROM
VOLUNTARILY AGREEING TO WORK ON SUCH DAY OF REST REQUIRED BY THIS PARA-
GRAPH. THE FARM LABORER SHALL BE COMPENSATED AT THE REGULAR RATE OF PAY
FOR ANY HOURS UP TO SIXTY HOURS IN ANY CALENDAR WEEK; AND FOR ANY HOURS
OVER SIXTY HOURS, THE FARM LABORER SHALL BE COMPENSATED AT AN OVERTIME
RATE WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE LABORER'S REGULAR RATE
OF PAY. 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, coincide with the traditional day reserved by
the farm laborer for religious worship.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06353-01-1