Assembly Bill A4670

2021-2022 Legislative Session

Relates to allowing farm laborers to decide to work on a day of rest

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A4670 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §161, Lab L

2021-A4670 (ACTIVE) - Summary

Relates to allowing farm laborers to decide to work on a day of rest.

2021-A4670 (ACTIVE) - Bill Text download pdf 

                            
 
                     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

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