S T A T E O F N E W Y O R K
________________________________________________________________________
2291
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sen. ORTT -- 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 collective bargaining
rights to farm laborers; to amend the public health law, in relation
to the application of the sanitary code to all farm and food process-
ing labor camps for migrant workers; to amend the workers' compen-
sation law in relation to the eligibility of farm laborers for work-
ers' compensation benefits and in relation to service as farm
laborers; to amend the labor law, in relation to labor on a farm; to
repeal sections 1, 2, 24 and 25 of chapter 105 of the laws of 2019
relating to farm laborers; and repealing certain provisions of the
labor law and the workers' compensation law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 1, 2 and 24 of chapter 105 of the laws of 2019,
relating to farm laborers, are REPEALED.
§ 2. Paragraph (a) of subdivision 3 of section 701 of the labor law,
as amended by chapter 105 of the laws of 2019, is amended 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06805-01-3
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person or any individuals employed only for the duration of a labor
dispute, OR ANY INDIVIDUALS EMPLOYED AS FARM LABORERS or, any individual
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 rehabilitation
facility or sheltered workshop who has received rehabilitative or thera-
peutic services and whose capacity to perform the work for which he is
engaged is substantially impaired by physical or mental deficiency or
injury.
§ 3. Paragraph (c) of subdivision 3 of section 701 of the labor law is
REPEALED.
§ 4. The closing paragraph of subdivision 1 of section 161 of the
labor law is REPEALED.
§ 5. Paragraphs b and d of subdivision 2 of section 161 of the labor
law, as amended by chapter 105 of the laws of 2019, 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. Section 163-a of the labor law is REPEALED.
§ 7. The opening paragraph of paragraph (a) of subdivision 6 of
section 511 of the labor law, as amended by chapter 105 of the laws of
2019, is amended to read as follows:
The term "employment" [includes] DOES NOT INCLUDE agricultural labor
UNLESS IT IS COVERED PURSUANT TO SECTION FIVE HUNDRED SIXTY-FOUR OF THIS
ARTICLE. The term "agricultural labor" includes all service performed:
§ 8. Section 564 of the labor law, as amended and subdivision 3 as
renumbered by chapter 105 of the laws of 2019, 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 TITLE, 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
(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
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(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:
[1.] (A) 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 [crop dusting] CROPDUST-
ING machinery or any other mechanized equipment which is provided by the
crew leader, and
[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.
3.] (B) 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 chapter 105 of the laws of 2019, 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;
§ 10. Groups 14-a and 14-b of subdivision 1 of section 3 of the work-
ers' compensation law, as amended by chapter 105 of the laws of 2019,
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
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REMUNERATION PAID TO ALL FARM LABORERS AGGREGATED TWELVE HUNDRED DOLLARS
OR MORE.
§ 11. Section 51 of the workers' compensation law, as amended by chap-
ter 105 of the laws of 2019, 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
dependents in accordance with the provisions of this chapter, but fail-
ure 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
chapter. Every employer who owns or operates automotive or horse-drawn
vehicles 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 employer 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 [five hundred] UP TO TWO HUNDRED FIFTY dollars for
each violation, in addition to any other penalties imposed by law to be
deposited into the uninsured employers' fund.
§ 12. Section 110-b of the workers' compensation law is REPEALED.
§ 13. The opening paragraph of section 120 of the workers' compen-
sation law, as amended by chapter 105 of the laws of 2019, is amended to
read as follows:
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 proceed-
ing 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 105 of the
laws of 2019, 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
S. 2291 5
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 105 of the laws of 2019, 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; [(c)] (D) as an outside salesman; [(d)] (E) as a driver
engaged in operating a taxicab; [(e)] (F) 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;
[(f)] (G) 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; [(g)] (H) in or for such a religious or
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; [(h)] (I) in or for such a religious, educational or
charitable institution if such individual is a student; [(i)] (J) 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; [(j)] (K) in or for a summer camp or
conference of such a religious, educational or charitable institution
for not more than three months annually; [(k)] (L) as a staff counselor
in a children's camp; [(l)] (M) 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; [(m)] (N) by a federal,
state or municipal government or political subdivision thereof; [(n)]
(O) 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
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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 [(o)] (P) 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 amended by
chapter 105 of the laws of 2019, 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 105 of the laws of 2019, 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 with-
out 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
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. The closing paragraph of section 703 of the labor law is
REPEALED.
§ 19. Section 704-b of the labor law is REPEALED.
§ 20. Subdivision 1-a of section 705 of the labor law is REPEALED.
§ 21. Section 702-b of the labor law is REPEALED.
§ 22. Section 674-a of the labor law is REPEALED.
§ 23. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
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its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 24. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2022.
