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.
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.
