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A02750 Summary:

BILL NOA02750
 
SAME ASSAME AS S02837
 
SPONSORNolan
 
COSPNSRBronson, D'Urso, Lifton, Mosley, Reyes, Colton, Sayegh, Perry, Simon, Rodriguez, Cruz, Glick, Dinowitz, Epstein, Englebright, Gottfried, Griffin, Jaffee, Fall, De La Rosa, Pretlow, Jean-Pierre, Abinanti, Arroyo, Ortiz, Aubry, Crespo, DeStefano, O'Donnell, Blake, Hevesi, Cook, Rivera, Williams, Wright, Richardson, Steck, Fernandez, Rosenthal L, Hyndman, Cahill, Weprin, Benedetto, Simotas, Carroll, Miller MG, Rosenthal D, Niou, DenDekker, Lavine, Barron, Ramos, Seawright, Barnwell, Lawrence, Darling
 
MLTSPNSRAbbate
 
Amd 701, 161, 160, 220, 511, 564, 651 & 674, add 163-a, Lab L; amd 225, Pub Health L; amd 3, 51, 120 & 201, add 110-b, Work Comp L
 
Enacts the farmworkers fair labor practices act: grants collective bargaining rights to farm laborers; requires employers of farm laborers to allow at least 24 consecutive hours of rest each week; provides for an 8 hour work day for farm laborers; requires overtime rate at one and one-half times normal rate; makes provisions of unemployment insurance law applicable to farm laborers; provides sanitary code shall apply to all farm and food processing labor camps intended to house migrant workers, regardless of the number of occupants; provides for eligibility of farm laborers for workers' compensation benefits; requires employers of farm laborers to provide such farm laborers with claim forms for workers' compensation claims under certain conditions; requires reporting of injuries to employers of farmworkers.
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A02750 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2750
 
SPONSOR: Nolan
  TITLE OF BILL: An act to amend the labor law, in relation to granting collective bargaining rights to farm laborers and allowing farm workers 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; and to amend the labor law, in relation to labor on a farm and regulating the employment of certain employees whose earning capacity is affected or impaired by youth or age   PURPOSE OR GENERAL IDEA OF BILL: To establish the Farmworkers Fair Labor practices Act to allow farm workers overtime, a day of rest, disability insurance, unemployment benefits, and other labor protections granted to other workers in New York State.   SUMMARY OF PROVISIONS: Section 1 of the bill entitles the bill, the farmworkers fair labor practices act. Section 2 of the bill amends the Labor Law to provide collective bargaining rights for farm workers. Section 3 of the bill amends the Labor Law to allow farm workers 24 hours of rest a week. Sections 4-5 of the bill amend § 161 of the Labor Law to allow a day of rest for agricultural workers. Section 6 of the bill amends the Labor Law to reiterate that eight hours shall constitute a legal day's work for farm workers. Section 7 of the bill provides that farm workers shall be paid overtime after eight hours of work and 40 hours a week at the rate of time and one half. Sections 8-9 of the bill amend the Labor Law as it relates to unemployment insurance for farm laborers Section 10 of the bill amends the Public Health Law to expand the application of the sanitary code to farms occupied by migrant labor-present application for farms hiring five or more migrants. Section 11 of the bill establishes the same eligibility for farmworkers as other workers for workers' compensation. Section 12 of the bill requires the posting of workers' compensation insurance to be posted in English and Spanish; provides for additional penalties for fail ure to post workers' c ompensation insur- ance notice. Section 13 of the bill requires foremen receiving notice of an injury to a worker suffered in the course of farm employment to inform the employer of the injury. Section 14 of the bill amends S 120 of the Workers' compensation Law to make it unlawful to discharge an employee for requesting a claim form regarding injuries incurred in the course of employment. Section 15 of the bill amends the state disability law to include farm workers within coverage. Section 16 of the bill pertains to coverage within the minimum wage act. Section 17 of the bill excludes the sub-minimum wage for underage farm workers. Section 18 of the bill is the effective date.   JUSTIFICATION: Farmworkers perform essential services for New York's agricultural industry which ranks near the top nationally in dairy, apples, vegeta- bles, grapes, floriculture and other products. Farm work is labor inten- sive that involves arduous tasks, exposure to pesticides, and long hours. Farmworkers frequently suffer physical injuries and illnesses in the course of their employment, often beyond that suffered by workers in other industries. It is unjust that the labor protections provided to other workers in New York such as a day of rest overtime pay, disability insurance, unemployment benefits and collective bargaining have been denied to farmworkers for decades. This legislation would grant farm- workers the basic labor rights long enjoyed by other public and private employees in our State.   PRIOR LEGISLATIVE HISTORY: Similar to A.4762/S.1291 of 2016 2017: A.4189 Nolan 2018: A.4189 Nolan   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State   EFFECTIVE DATE: This act shall take effect immediately, provided that section ten of this act shall take effect on the thirtieth day after it shall have become a law.
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