S T A T E   O F   N E W   Y O R K
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                                  5206

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. BLANKENBUSH, GRAF, GIGLIO, GOODELL, FRIEND, OAKS,
  FINCH,  BUTLER,  HAWLEY  --  Multi-Sponsored  by  -- M. of A. CERETTO,
  CROUCH, DiPIETRO, LOPEZ -- read once and referred to the Committee  on
  Labor

AN  ACT  to amend the labor law, in relation to expanding the definition
  of agricultural labor to include working at a farmers  market  and  in
  relation to unemployment insurance coverage requirements for employers
  of agricultural workers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subparagraph 3 of  paragraph  (a)  of  subdivision  6  of
section  511  of the labor law, as amended by chapter 196 of the laws of
1966 and as renumbered by chapter 607 of the laws of  1971,  is  amended
and a new subparagraph 4 is added to read as follows:
  (3)  in  handling,  planting,  drying, packing, packaging, processing,
freezing, grading, storing, or delivering to storage or to market or  to
a carrier for transportation to market, any agricultural or horticultur-
al  commodity; but only if such service is performed in the employ of an
operator of a farm (i) as an incident to farming operations or, (ii)  in
the  case of fruits and vegetables, as an incident to the preparation of
such fruits or vegetables for market. The provisions of  this  paragraph
shall  not  apply  to  service  performed  in connection with commercial
canning or commercial freezing or in connection with any agricultural or
horticultural commodity after its delivery  to  a  terminal  market  for
distribution for consumption[.];
  (4)  AT  A  FARMERS  MARKET, IN THE EMPLOY OF ANY PERSON WHO RAISES OR
HARVESTS ANY AGRICULTURAL OR HORTICULTURAL COMMODITY FOR THE PURPOSE  OF
SELLING SUCH COMMODITIES AT A FARMERS MARKET.
  S  2.  Subparagraph 2 of paragraph (a) of subdivision 1 of section 564
of the labor law, as added by chapter  675  of  the  laws  of  1977,  is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08717-01-5
              

A. 5206                             2

  (2)  has  employed  in agricultural labor ten or more persons, WHO ARE
NOT MEMBERS OF SUCH EMPLOYER'S IMMEDIATE FAMILY, 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
  S 3. This act shall take effect immediately.