|SAME AS||SAME AS S06578|
|COSPNSR||Bronson, 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, 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, Darling, Otis|
|Amd Lab L, generally; amd §225, Pub Health L; amd §§3, 51, 120 & 201, add §110-b, Work Comp L|
|Enacts the farm laborers 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 farm laborers.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8419 SPONSOR: Nolan (MS)
TITLE OF BILL: An act to amend the labor law, in relation to granting collective bargaining rights to farm laborers and allowing farm laborers one day of rest each week and including farm laborers within the provisions pertaining to overtime compensation and unemployment insur- ance; 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; 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; and to amend the labor law, in relation to unfair labor practices, impasse resolution procedures and the convening of a farm laborers wage board   PURPOSE OR GENERAL IDEA OF BILL: To establish the Farmworkers Fair Labor Practices Act to grant 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 "Farm Laborers Fair Labor Practices Act." Section 2 of the bill establishes the legislative intent and findings. Section 3 of the bill amends the Labor Law to provide collective bargaining rights for farm workers. Sections 4 and 5 of the bill amend the Labor Law to allow farm workers 24 hours of rest per week. Section 6 of the bill amends the Labor Law to establish that any work over 60 hours per week would be subject to an overtime rate of one and one-half times the laborer's regular rate of pay. Sections 7 and 8 of the bill amend the Labor Law as it relates to unem- ployment insurance for farm laborers. A/9 Section 9 of the bill amends the Public Health Law to expand the appli- cation of the sanitary code to all farms housing migrant workers. Section 10 of the bill establishes the same eligibility for farmworkers as other workers for workers' compensation. Section 11 of the bill requires the posting of workers' compensation insurance to be posted in English and Spanish and provides for addi- tional penalties for failure to post such notice. Section 12 of the bill requires foremen receiving notice of an injury to a worker suffered in the course of farm employment to inform the employ- er of the injury. Section 13 of the bill amends 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 14 of the bill amends the state disability law to include farm workers within coverage. Section 15 of the bill pertains to minimum wage coverage. Section 16 of the bill eliminates the sub-minimum wage for underage farm workers. Sections 17-21 of the bill makes changes to the New York State Employ- ment Relations Act to prohibit strikes, stoppages, and slowdowns, prohibit certain unfair labor practices, and establish impasse resol- ution procedures. Section 22 of the bill establishes a Farm Laborers Wage Board to provide recommendations as to overtime work for farm laborers. Section 23 of the bill eliminates the requirement for employers to make unemployment insurance contributions for H2-A visa workers. Section 24 of the bill sets forth a severability clause. Section 25 of the bill establishes an 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: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This act shall take effect January 1, 2020; provided, however, that the provisions of section nine of this act shall take effect January 1 2021.
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STATE OF NEW YORK ________________________________________________________________________ 8419 2019-2020 Regular Sessions IN ASSEMBLY June 16, 2019 ___________ Introduced by M. of A. NOLAN, BRONSON, 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, DeSTEFA- NO, O'DONNELL, BLAKE, HEVESI, COOK, RIVERA, WILLIAMS, WRIGHT, RICHARD- SON, STECK, FERNANDEZ, L. ROSENTHAL, HYNDMAN, CAHILL, WEPRIN, BENEDET- TO, SIMOTAS, CARROLL, M. G. MILLER, D. ROSENTHAL, NIOU, DenDEKKER, LAVINE, BARRON, RAMOS, SEAWRIGHT, BARNWELL, LAWRENCE, RAYNOR -- Multi-Sponsored by -- M. of A. ABBATE -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT to amend the labor law, in relation to granting collective bargaining rights to farm laborers and allowing farm laborers 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; to amend the labor law, in relation to labor on a farm and regulating the employ- ment of certain employees whose earning capacity is affected or impaired by youth or age; and to amend the labor law, in relation to unfair labor practices, impasse resolution procedures and the conven- ing of a farm laborers wage board The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "farm 2 laborers fair labor practices act". 3 § 2. Legislative findings and intent. 1. The legislature finds that 4 agriculture is one of New York's leading and most important industries, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12035-01-9A. 8419 2 1 resulting in over $5 billion annually and making New York a global lead- 2 er in many crops and agricultural products. Agriculture plays an essen- 3 tial role in the continued economic growth and vitality of New York 4 state. According to the United States Department of Agriculture's 2017 5 Agricultural Census, 98% of New York's farms are family owned and these 6 farms contributed $2.4 billion to the state's GDP in 2017. 7 2. The legislature further finds that the success of New York's robust 8 agriculture industry is due to the collaborative work between farmers 9 and farm laborers. However, farm laborers are one of the few classes of 10 employees that are not covered by the Federal Fair Labor Standards Act 11 or the National Labor Relations Act (NLRA), denying these valuable 12 employees the same basic labor protections and the right to collective 13 bargaining that almost all other private sector workers enjoy. Despite 14 regularly working 50, 60, 70 or even more hours a week doing arduous and 15 difficult work, often with heavy equipment, pesticides, fertilizers and 16 other dangerous materials and in sometimes hazardous situations, farm 17 laborers remain excluded from collective bargaining statutes and the 18 right to a day of rest, overtime and other labor protections that are in 19 place at the state and/or federal level for other workers. 20 3. The legislature further finds that this industry is subject to 21 unique and unpredictable factors including climate and weather, pricing 22 and market requirements, seasonal harvests, immigration, and various 23 federal and state laws, rules and regulations that directly impact farm- 24 ers and require a unique balance and application of traditional labor 25 protections to ensure farm laborers have a voice in their own terms and 26 conditions of employment and access to basic labor protections while 27 also creating adaptability and responsiveness to the unique circum- 28 stances of farm operations. 29 4. The legislature further finds that the labor standards included in 30 this bill are intended solely for the purposes of transitioning into a 31 modern structure of rights and benefits for farm laborers that achieve 32 harmonious labor relations and stability of operations in the agricul- 33 tural industry and are not intended for any other industry or sector of 34 the economy. 35 § 3. Paragraph (a) of subdivision 3 of section 701 of the labor law, 36 as amended by chapter 43 of the laws of 1989, is amended and a new para- 37 graph (c) is added to read as follows: 38 (a) The term "employees" includes but is not restricted to any indi- 39 vidual employed by a labor organization; any individual whose employment 40 has ceased as a consequence of, or in connection with, any current labor 41 dispute or because of any unfair labor practice, and who has not 42 obtained any other regular and substantially equivalent employment; and 43 shall not be limited to the employees of a particular employer, unless 44 the article explicitly states otherwise, but shall not include any indi- 45 vidual employed by his parent or spouse or in the domestic service of 46 and directly employed, controlled and paid by any person in his home, 47 any individual whose primary responsibility is the care of a minor child 48 or children and/or someone who lives in the home of a person for the 49 purpose of serving as a companion to a sick, convalescing or elderly 50 person or any individuals employed only for the duration of a labor 51 dispute, [ or any individuals employed as farm laborers] or[ ,] any indi- 52 vidual who participates in and receives rehabilitative or therapeutic 53 services in a charitable non-profit rehabilitation facility or sheltered 54 workshop or any individual employed in a charitable non-profit rehabili- 55 tation facility or sheltered workshop who has received rehabilitative or 56 therapeutic services and whose capacity to perform the work for which heA. 8419 3 1 is engaged is substantially impaired by physical or mental deficiency or 2 injury. 3 (c) The term "employee" shall also include farm laborers. "Farm labor- 4 ers" shall mean any individual engaged or permitted by an employer to 5 work on a farm, except the parent, spouse, child, or other member of the 6 employer's immediate family. 7 § 4. Subdivision 1 of section 161 of the labor law is amended by 8 adding a new undesignated paragraph to read as follows: 9 Every person employed as a farm laborer shall be allowed at least 10 twenty-four consecutive hours of rest in each and every calendar week. 11 This requirement shall not apply to the parent, child, spouse or other 12 member of the employer's immediate family. Twenty-four consecutive 13 hours spent at rest because of circumstances, such as weather or crop 14 conditions, shall be deemed to constitute the rest required by this 15 paragraph. No provision of this paragraph shall prohibit a farm laborer 16 from voluntarily agreeing to work on such day of rest required by this 17 paragraph, provided that the farm laborer is compensated at an overtime 18 rate which is at least one and one-half times the laborer's regular rate 19 of pay for all hours worked on such day of rest. The term "farm labor" 20 shall include all services performed in agricultural employment in 21 connection with cultivating the soil, or in connection with raising or 22 harvesting of agricultural commodities, including the raising, shearing, 23 caring for and management of livestock, poultry or dairy. The day of 24 rest authorized under this subdivision should, whenever possible, coin- 25 cide with the traditional day reserved by the farm laborer for religious 26 worship. 27 § 5. Paragraphs b and d of subdivision 2 of section 161 of the labor 28 law, as amended by chapter 281 of the laws of 1941, are amended to read 29 as follows: 30 b. Employees in [ dairies, creameries,] milk condenseries, milk powder 31 factories, milk sugar factories, milk shipping stations, butter and 32 cheese factories, ice cream manufacturing plants and milk bottling 33 plants, where not more than seven persons are employed; 34 d. Employees whose duties include not more than three hours' work on 35 Sunday in setting sponges in bakeries, [ caring for live animals,] main- 36 taining fires, or making necessary repairs to boilers or machinery. 37 § 6. The labor law is amended by adding a new section 163-a to read as 38 follows: 39 § 163-a. Farm laborers. No person or corporation operating a farm 40 shall require any employee to work more than sixty hours in any calendar 41 week; provided, however, that any overtime work performed by a farm 42 laborer shall be at a rate which is at least one and one-half times the 43 laborer's regular rate of pay. No wage order subject to the provisions 44 of this chapter shall be applicable to a farm laborer other than a wage 45 order established pursuant to section six hundred seventy-four or six 46 hundred seventy-four-a of this chapter. 47 § 7. The opening paragraph of paragraph (a) of subdivision 6 of 48 section 511 of the labor law, as amended by chapter 675 of the laws of 49 1977, is amended to read as follows: 50 The term "employment" [ does not include] includes agricultural labor 51 [ unless it is covered pursuant to section five hundred sixty-four]. The 52 term "agricultural labor" includes all service performed: 53 § 8. Section 564 of the labor law, as added by chapter 675 of the laws 54 of 1977, is amended to read as follows: 55 § 564. Agricultural labor crew leaders. [ 1. Coverage. (a) Notwith-56 standing the provisions of section five hundred sixty of this article,A. 8419 4 1 an employer of persons engaged in agricultural labor shall become liable2 for contributions under this article if the employer:3 (1) has paid cash remuneration of twenty thousand dollars or more in4 any calendar quarter to persons employed in agricultural labor, and such5 liability shall commence on the first day of such quarter, or6 (2) has employed in agricultural labor ten or more persons on each of7 twenty days during a calendar year or the preceding calendar year, each8 day being in a different calendar week, and the liability shall in such9 event commence on the first day of the calendar year, or10 (3) is liable for the tax imposed under the federal unemployment tax11 act as an employer of agricultural labor and the liability shall in such12 event commence on the first day of the calendar quarter in such calendar13 year when he first paid remuneration for agricultural labor in this14 state.15 (b) An employer who becomes liable for contributions under paragraph16 (a) of this subdivision shall cease to be liable as of the first day of17 a calendar quarter next following the filing of a written application18 provided the commissioner finds that the employer:19 (1) has not paid to persons employed in agricultural labor cash remun-20 eration of twenty thousand dollars or more in any of the eight calendar21 quarters preceding such day, and22 (2) has not employed in agricultural labor ten or more persons on each23 of twenty days during the current or the preceding calendar year, each24 day being in a different week, and25 (3) is not liable for the tax imposed under the federal unemployment26 tax act as an employer of agricultural labor.27 2. Crew leader.] Whenever a person renders services as a member of a 28 crew which is paid and furnished by the crew leader to perform services 29 in agricultural labor for another employer, such other employer shall, 30 for the purpose of this article, be deemed to be the employer of such 31 person, unless: 32 [ (a)] 1. the crew leader holds a valid certificate of registration 33 under the federal farm labor contractor registration act of nineteen 34 hundred sixty-three or substantially all the members of the crew operate 35 or maintain tractors, mechanized harvesting or [ cropdusting] crop dust- 36 ing machinery or any other mechanized equipment which is provided by the 37 crew leader, and 38 [ (b)] 2. the crew leader is not an employee of such other employer and 39 has not entered into a written agreement with such employer under which 40 he is designated as an employee. 41 § 9. Paragraph (m) of subdivision 5 of section 225 of the public 42 health law, as amended by section 51 of part A of chapter 58 of the laws 43 of 2010, is amended to read as follows: 44 (m) require that application be made for a permit to operate a farm or 45 food processing labor camp as defined in the sanitary code; authorize 46 appropriate officers or agencies to issue such a permit when the appli- 47 cant is in compliance with the established regulations; prescribe stand- 48 ards for living quarters at farm and food processing labor camps, 49 including provisions for sanitary conditions; light, air, and safety; 50 protection from fire hazards; maintenance; and such other matters as may 51 be appropriate for security of life or health, provided however, that 52 the provisions of the sanitary code established pursuant to the 53 provisions hereof shall apply to all farm and food processing labor 54 camps intended to house migrant workers and which are occupied [ by five55 or more persons]. In the preparation of such regulations, the public 56 health and health planning council may request and shall receive techni-A. 8419 5 1 cal assistance from the board of standards and appeals of the state 2 department of labor and the state building code commission. Such regu- 3 lation shall be enforced in the same manner as are other provisions of 4 the sanitary code; 5 § 10. Groups 14-a and 14-b of subdivision 1 of section 3 of the work- 6 ers' compensation law, Group 14-a as amended by chapter 233 of the laws 7 of 1961 and Group 14-b as added by chapter 646 of the laws of 1966, are 8 amended to read as follows: 9 Group 14-a. On and after January first, nineteen hundred sixty-two, 10 any other employment in a trade, business, or occupation carried on by 11 the employer for pecuniary gain in which one or more employees [ other12 than farm laborers] are employed. 13 Group 14-b. Employment as a farm laborer as provided herein. A farmer 14 shall provide coverage under this chapter for all farm laborers 15 [ employed during any part of the twelve consecutive months beginning16 April first of any calendar year preceded by a calendar year in which17 the cash remuneration paid to all farm laborers aggregated twelve18 hundred dollars or more]. 19 § 11. Section 51 of the workers' compensation law, as amended by 20 chapter 561 of the laws of 2003, is amended to read as follows: 21 § 51. Posting of notice regarding compensation. Every employer who has 22 complied with section fifty of this article shall post and maintain in a 23 conspicuous place or places in and about his place or places of business 24 typewritten or printed in English and Spanish notices in form prescribed 25 by the chairman, stating the fact that he has complied with all the 26 rules and regulations of the chairman and the board and that he has 27 secured the payment of compensation to his employees and their depen- 28 dents in accordance with the provisions of this chapter, but failure to 29 post such notice as herein provided shall not in any way affect the 30 exclusiveness of the remedy provided for by section eleven of this chap- 31 ter. Every employer who owns or operates automotive or horse-drawn vehi- 32 cles and has no minimum staff of regular employees required to report 33 for work at an established place of business maintained by such employer 34 and every employer who is engaged in the business of moving household 35 goods or furniture shall post such notices in each and every vehicle 36 owned or operated by him. Failure to post or maintain such notice in any 37 of said vehicles shall constitute presumptive evidence that such employ- 38 er has failed to secure the payment of compensation. The chairman may 39 require any employer to furnish a written statement at any time showing 40 the stock corporation, mutual corporation or reciprocal insurer in which 41 such employer is insured or the manner in which such employer has 42 complied with any provision of this chapter. Failure for a period of ten 43 days to furnish such written statement shall constitute presumptive 44 evidence that such employer has neglected or failed in respect of any of 45 the matters so required. Any employer who fails to comply with the 46 provisions of this section shall be required to pay to the board a fine 47 of [ up to two hundred fifty] five hundred dollars for each violation, in 48 addition to any other penalties imposed by law to be deposited into the 49 uninsured employers' fund. 50 § 12. The workers' compensation law is amended by adding a new section 51 110-b to read as follows: 52 § 110-b. Reporting of injuries to employer. Every farm labor contrac- 53 tor, foreman or supervisor of farm laborers who has notice of any injury 54 to a farm laborer incurred during the course of employment shall be 55 required to inform the employer, owner or operator of a farm of any such 56 injury.A. 8419 6 1 § 13. The opening paragraph of section 120 of the workers' compen- 2 sation law, as amended by section 31 of part SS of chapter 54 of the 3 laws of 2016, is amended to read as follows: 4 It shall be unlawful for any employer or his or her duly authorized 5 agent to discharge or fail to reinstate pursuant to section two hundred 6 three-b of this chapter, or in any other manner discriminate against an 7 employee as to his or her employment because such employee has claimed 8 or attempted to claim compensation from such employer, requested a claim 9 form for injuries received in the course of employment, or claimed or 10 attempted to claim any benefits provided under this chapter or because 11 he or she has testified or is about to testify in a proceeding under 12 this chapter and no other valid reason is shown to exist for such action 13 by the employer. 14 § 14. The opening paragraph of paragraph A of subdivision 6 of section 15 201 of the workers' compensation law, as amended by chapter 481 of the 16 laws of 2010, is amended to read as follows: 17 "Employment" means employment in any trade, business or occupation 18 carried on by an employer, except that the following shall not be deemed 19 employment under this article: services performed for the state, a 20 municipal corporation, local governmental agency, other political subdi- 21 vision or public authority; employment subject to the federal railroad 22 unemployment insurance act; service performed on or as an officer or 23 member of the crew of a vessel on the navigable water of the United 24 States or outside the United States; [ service as farm laborers;] casual 25 employment and the first forty-five days of extra employment of employ- 26 ees not regularly in employment as otherwise defined herein; service as 27 golf caddies; and service during all or any part of the school year or 28 regular vacation periods as a part-time worker of any person actually in 29 regular attendance during the day time as a student in an elementary or 30 secondary school. The term "employment" shall include domestic or 31 personal work in a private home. The term "employment" shall not include 32 the services of a licensed real estate broker or sales associate if it 33 be proven that (a) substantially all of the remuneration (whether or not 34 paid in cash) for the services performed by such broker or sales associ- 35 ate is directly related to sales or other output (including the perform- 36 ance of services) rather than to the number of hours worked; (b) the 37 services performed by the broker or sales associate are performed pursu- 38 ant to a written contract executed between such broker or sales associ- 39 ate and the person for whom the services are performed within the past 40 twelve to fifteen months; and (c) the written contract provided for in 41 subparagraph (b) of this paragraph was not executed under duress and 42 contains the following provisions: 43 § 15. The opening paragraph of subdivision 5 of section 651 of the 44 labor law, as amended by chapter 503 of the laws of 2016, is amended to 45 read as follows: 46 "Employee" includes any individual employed or permitted to work by an 47 employer in any occupation, but shall not include any individual who is 48 employed or permitted to work: (a) on a casual basis in service as a 49 part time baby sitter in the home of the employer; (b) [ in labor on a50 farm; (c)] in a bona fide executive, administrative, or professional 51 capacity; [ (d)] (c) as an outside salesman; [ (e)] (d) as a driver 52 engaged in operating a taxicab; [ (f)] (e) as a volunteer, learner or 53 apprentice by a corporation, unincorporated association, community 54 chest, fund or foundation organized and operated exclusively for reli- 55 gious, charitable or educational purposes, no part of the net earnings 56 of which inures to the benefit of any private shareholder or individual;A. 8419 7 1 [ (g)] (f) as a member of a religious order, or as a duly ordained, 2 commissioned or licensed minister, priest or rabbi, or as a sexton, or 3 as a christian science reader; [ (h)] (g) in or for such a religious or 4 charitable institution, which work is incidental to or in return for 5 charitable aid conferred upon such individual and not under any express 6 contract of hire; [ (i)] (h) in or for such a religious, educational or 7 charitable institution if such individual is a student; [ (j)] (i) in or 8 for such a religious, educational or charitable institution if the earn- 9 ing capacity of such individual is impaired by age or by physical or 10 mental deficiency or injury; [ (k)] (j) in or for a summer camp or 11 conference of such a religious, educational or charitable institution 12 for not more than three months annually; [ (l)] (k) as a staff counselor 13 in a children's camp; [ (m)] (l) in or for a college or university 14 fraternity, sorority, student association or faculty association, no 15 part of the net earnings of which inures to the benefit of any private 16 shareholder or individual, and which is recognized by such college or 17 university, if such individual is a student; [ (n)] (m) by a federal, 18 state or municipal government or political subdivision thereof; [ (o)] 19 (n) as a volunteer at a recreational or amusement event run by a busi- 20 ness that operates such events, provided that no single such event lasts 21 longer than eight consecutive days and no more than one such event 22 concerning substantially the same subject matter occurs in any calendar 23 year, where (1) any such volunteer shall be at least eighteen years of 24 age, (2) a business seeking coverage under this paragraph shall notify 25 every volunteer in writing, in language acceptable to the commissioner, 26 that by volunteering his or her services, such volunteer is waiving his 27 or her right to receive the minimum wage pursuant to this article, and 28 (3) such notice shall be signed and dated by a representative of the 29 business and the volunteer and kept on file by the business for thirty- 30 six months; or [ (p)] (o) in the delivery of newspapers or shopping news 31 to the consumer by a person who is not performing commercial goods 32 transportation services for a commercial goods transportation contractor 33 within the meaning of article twenty-five-C of this chapter. The exclu- 34 sions from the term "employee" contained in this subdivision shall be as 35 defined by regulations of the commissioner. 36 § 16. Subdivision 1 of section 674 of the labor law, as added by chap- 37 ter 552 of the laws of 1969, is amended to read as follows: 38 1. The commissioner may promulgate such regulations as he deems appro- 39 priate to carry out the purposes of this article and to safeguard mini- 40 mum wage standards. Such regulations may include, but are not limited 41 to, the defining of the circumstances or conditions for the acceptance 42 of non-hourly rates and piece rates as equivalent to the minimum hourly 43 rates established by this article. Such regulations also may include, 44 but are not limited to, waiting time and call-in pay rates; wage 45 provisions governing guaranteed earnings during specified periods of 46 work; allowances for meals, lodging, and other items, services and 47 facilities when furnished by the employer; [ and the employment of indi-48 viduals whose earning capacity is affected or impaired by youth or age,] 49 or by physical or mental deficiency or injury, under special certif- 50 icates issued by the commissioner, at such wages lower than the minimum 51 wage established by this article and for such period as shall be 52 prescribed in such regulations. 53 § 17. Subdivision 2 of section 701 of the labor law, as amended by 54 chapter 43 of the laws of 1989, is amended to read as follows: 55 2. (a) The term "employer" includes any person acting on behalf of or 56 in the interest of an employer, directly or indirectly, with or withoutA. 8419 8 1 his knowledge, and shall include any person who is the purchaser of 2 services performed by a person described in paragraph (b) of subdivision 3 three of this section, but a labor organization or any officer or agent 4 thereof shall only be considered an employer with respect to individuals 5 employed by such organization. 6 (b) The term "employer" includes agricultural employers. The term 7 "agricultural employer" shall mean any employer engaged in cultivating 8 the soil or in raising or harvesting any agricultural or horticultural 9 commodity including custom harvesting operators, and employers engaged 10 in the business of crops, livestock and livestock products as defined in 11 section three hundred one of the agriculture and markets law, or other 12 similar agricultural enterprises. 13 § 18. Section 703 of the labor law is amended by adding a new undesig- 14 nated paragraph to read as follows: 15 Notwithstanding any other provision of law, for farm laborers the term 16 "concerted activities" shall not include a right to strike or other 17 concerted stoppage of work or slowdown. 18 § 19. The labor law is amended by adding a new section 704-b to read 19 as follows: 20 § 704-b. Unfair labor practices. 1. It shall be an unfair labor prac- 21 tice for a farm laborer or an employee organization representing farm 22 laborers to strike any agricultural employer. The term "strike" shall 23 mean, for the purposes of this section, any strike or other concerted 24 stoppage of work or slowdown by farm laborers. 25 2. It shall be an unfair labor practice for an agricultural employer 26 to: 27 a. lockout its laborers. The term "lockout" shall mean, for the 28 purposes of this section, a refusal by an agricultural employer to 29 permit farm laborers to work as a result of a dispute with such farm 30 laborers or employee organization representing such farm laborers that 31 affects wages, hours and other terms and conditions of employment of 32 such farm laborers, provided, however, that a lockout shall not include 33 a termination of employment for good cause that does not involve such 34 laborers exercising any rights guaranteed by this article; 35 b. refuse to continue all the terms of an expired agreement until a 36 new agreement is negotiated; 37 c. discourage union organization or to discourage an employee from 38 participating in a union organizing drive, engaging in protected 39 concerted activity, or otherwise exercising the rights guaranteed under 40 this article. 41 3. Nothing in this section shall be construed as to bar any proceeding 42 brought pursuant to section seven hundred four or seven hundred five of 43 this article. 44 § 20. Section 705 of the labor law is amended by adding a new subdivi- 45 sion 1-a to read as follows: 46 1-a. If the choice available to the employees in a negotiating unit is 47 limited to selecting or rejecting a single employee organization, that 48 choice shall be ascertained by the board on the basis of dues deduction 49 authorizations instead of by an election. In such case, the employee 50 organization involved will be certified without an election if a majori- 51 ty of the employees within the unit have executed a showing dues 52 deductions authorizations. 53 § 21. The labor law is amended by adding a new section 702-b to read 54 as follows: 55 § 702-b. Impasse resolution procedures for agricultural employers and 56 farm laborers. 1. For purposes of this section, an impasse may beA. 8419 9 1 deemed to exist if the parties fail to achieve agreement by the end of a 2 forty-day period from the date of certification or recognition of an 3 employee organization or from the expiration date of a collective 4 bargaining agreement. 5 2. Upon impasse, agricultural employers or recognized employee organ- 6 izations may request the board to render assistance as provided in this 7 section. If the board determines an impasse exists in the course of 8 collective negotiations between an agricultural employer and a recog- 9 nized employee organization, the board shall aid the parties in effect- 10 ing a voluntary resolution of the dispute. 11 3. On request of either party, as provided in subdivision two of this 12 section, and in the event the board determines that an impasse exists in 13 collective negotiations between such employee organization and an agri- 14 cultural employer as to the conditions of employment of farm laborers, 15 the board shall render assistance as follows: 16 a. to assist the parties to effect a voluntary resolution of the 17 dispute, the board shall appoint a mediator from a list of qualified 18 persons maintained by the board; 19 b. if the mediator is unable to effect settlement of the controversy 20 within thirty days after his or her appointment, either party may peti- 21 tion the board to refer the dispute to a neutral arbitrator; 22 c. upon petition of either party, the board shall refer the dispute to 23 a neutral arbitrator as hereinafter provided; 24 i. the neutral arbitrator shall be appointed jointly by the agricul- 25 tural employer and employee organization within ten days after receipt 26 by the board of a petition for arbitration. Each of the respective 27 parties is to share equally the cost of the neutral arbitrator. If, 28 within seven days after the mailing date, the parties are unable to 29 agree upon the neutral arbitrator, the board shall submit to the parties 30 a list of qualified, disinterested persons for the selection of a 31 neutral arbitrator. Each party shall alternately strike from the list 32 one of the names with the order of striking determined by lot, until the 33 remaining one person shall be designated as the neutral arbitrator. This 34 process shall be completed within five days of receipt of this list. The 35 parties shall notify the board of the designated neutral arbitrator; 36 ii. the neutral arbitrator shall hold hearings on all matters related 37 to the dispute. The parties may be heard either in person, by counsel, 38 or by other representatives, as they may respectively designate. The 39 panel may grant more than one adjournment each for each party; provided, 40 however, that a second request of either party and any subsequent 41 adjournments may be granted on request of either party, provided that 42 the party which requests the adjournment shall pay the arbitrator's fee. 43 The parties may present, either orally or in writing, or both, state- 44 ments of fact, supporting witnesses and other evidence, and argument of 45 their respective positions with respect to each case. The arbitrator 46 shall have authority to require the production of such additional 47 evidence, either oral or written as she or he may desire from the 48 parties and shall provide at the request of either party that a full and 49 complete record be kept of any such hearings, the cost of such record to 50 be borne by the requesting party. If such record is created, it shall be 51 shared with both parties regardless of which party paid for it; 52 iii. the arbitrator shall make a just and reasonable determination of 53 the matters in dispute. In arriving at such determination, the arbitra- 54 tor shall specify the basis for her or his findings, taking into consid- 55 eration, in addition to any factors stipulated by the parties or any 56 other relevant factors, the following:A. 8419 10 1 A. comparison of the wages, hours and conditions of employment of the 2 employees involved in the arbitration proceeding with the wages, hours, 3 and conditions of employment of other employees performing similar 4 services or requiring similar skills under similar working conditions 5 and with other employees generally in agricultural employment in compa- 6 rable communities; 7 B. the interests and welfare of the farm laborers and the financial 8 ability of the agricultural employer to pay; 9 C. comparison of peculiarities in regard to other trades or 10 professions, including specifically, (i) hazards of employment; (ii) 11 physical qualifications; (iii) educational qualifications; (iv) mental 12 qualifications; (v) job training and skills; 13 D. the terms of collective agreements negotiated between the parties 14 in the past providing for compensation and fringe benefits; and 15 E. the impact on the food supply and commodity pricing. 16 iv. the determination of the neutral arbitrator shall be final and 17 binding upon the parties for the period prescribed by the arbitrator, 18 but in no event shall such period exceed two years from the date of the 19 arbitrator's determination; 20 v. the determination of the public arbitration panel shall be subject 21 to review by a court of competent jurisdiction in the manner prescribed 22 by law. 23 § 22. The labor law is amended by adding a new section 674-a to read 24 as follows: 25 § 674-a. Farm laborers wage board. 1. Wage board. The commissioner 26 shall hereby convene a farm laborers wage board. The wage board shall be 27 comprised of three members: one representative of the farm bureau, one 28 representative of the New York State AFL-CIO and one member appointed by 29 the commissioner, who shall be selected from the general public and 30 designated as chairperson. The wage board shall hold its first hearing 31 no later than March first, two thousand twenty. The members of the 32 board shall not receive a salary or other compensation, but shall be 33 paid actual and necessary traveling expenses while engaged in the 34 performance of their duties. 35 2. Organization. Two-thirds of the members of the board shall consti- 36 tute a quorum. The chairperson may from time to time formulate rules 37 governing the manner in which the wage board shall function and perform 38 its duties under this article. 39 3. Powers. The wage board shall have power to conduct public hearings. 40 The board may also consult with agricultural employers and farm labor- 41 ers, and their respective representatives, in the occupation or occupa- 42 tions involved, and with such other persons, including the commissioner 43 and the commissioner of agriculture and markets, as it shall determine. 44 The board shall also have power to administer oaths and to require by 45 subpoena the attendance and testimony of witnesses, and the production 46 of all books, records, and other evidence relative to any matters under 47 inquiry. Such subpoenas shall be signed and issued by the chairperson of 48 the board and shall be served and have the same effect as if issued out 49 of the supreme court. The board shall have power to cause depositions of 50 witnesses residing within or without the state to be taken in the manner 51 prescribed for like depositions in civil actions in the supreme court. 52 The board shall not be bound by common law or statutory rules of proce- 53 dure or evidence. 54 4. Public hearings. Within forty-five days of the appointment of the 55 wage board, the board shall conduct public hearings. The wage board 56 shall only meet within the state and must hold at least three hearingsA. 8419 11 1 at which the public will be afforded an opportunity to provide comments. 2 At least one Spanish language interpreter shall be present at each 3 public hearing to interpret oral testimony delivered in Spanish. Where a 4 witness reveals the need for an interpreter in a language other than 5 Spanish, to the extent practicable, an interpreter in that language 6 shall be provided. Any materials advertising such hearings shall be 7 bilingual in English and Spanish. Any written materials disbursed at the 8 hearing or subsequent to the hearing, including written testimony and 9 hearing transcripts, shall be available in English, Spanish, and, to the 10 extent practicable, any other language upon request. 11 5. Report. The wage board shall make a report to the governor and the 12 legislature, including its recommendations as to overtime work for farm 13 laborers. The report and recommendations of the board shall be submitted 14 only after a vote of not less than a majority of all its members in 15 support of such report and recommendations. Such report shall be 16 submitted no later than December thirty-first, two thousand twenty. The 17 overtime rates recommended by the wage board shall not be in excess of 18 sixty hours, and the wage board shall specifically consider the extent 19 to which overtime hours can be lowered below such amount set in law, and 20 may provide for a series of successively lower overtime work thresholds 21 and phase-in dates as part of its determinations. 22 6. The wage board shall consider existing overtime rates in similarly 23 situated industries in New York state. Nothing contained in the wage 24 board's report or recommendations shall diminish or limit any rights, 25 protections, benefits or entitlements currently available to any farm 26 laborer. 27 7. The commissioner shall comply with section six hundred fifty-six of 28 this chapter upon receipt of the wage board's recommendations. The 29 commissioner may reconvene the same wage board or appoint a new wage 30 board in compliance with section six hundred fifty-nine of this chapter. 31 § 23. Subdivision 2 of section 564 of the labor law is renumbered 32 subdivision 3 and a new subdivision 2 is added to read as follows: 33 2. Exclusion from coverage. For purposes of this section the term 34 "employment" shall not include services rendered by an individual who is 35 admitted to the United States to perform agricultural labor pursuant to 36 8 USC 1188 if, at the time such services are rendered, they are excluded 37 from the definition of employment in section 3306(c) of the Federal 38 Unemployment Tax Act. 39 § 24. Severability. If any word, phrase, clause, sentence, paragraph, 40 subdivision, section or part of this article or the application thereof 41 to any person or circumstances shall be adjudged invalid by a court of 42 competent jurisdiction, such order or judgment shall be confined in its 43 operation to the controversy in which it was rendered, and shall not 44 affect or invalidate the remainder of this article, but shall be 45 confined in its operation to the word, phrase, clause, sentence, para- 46 graph, subdivision, section or part thereof directly involved in the 47 controversy in which such judgment shall have been rendered. 48 § 25. This act shall take effect January 1, 2020; provided, however 49 that the provisions of section nine of this act shall take effect Janu- 50 ary 1, 2021.