Requires farm labor contractors to provide certified copies of payroll records to the commissioner of labor.
TITLE OF BILL: An act to amend the labor law, in relation to requiring farm labor contractors to provide certified copies of payroll records
PURPOSE OR GENERAL IDEA OF BILL: To provide for enhanced enforcement of the labor law in the farming industry.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 Amends the Labor Law Section 212-a (2) (d) (e). Re-letters paragraphs d and e to paragraphs e and f and adds a new paragraph d. Requires every farm labor contractor to provide a certified true copy of all payroll records to the Commissioner.
Section 2 - Effective Date
EXISTING LAW: Current farm labor law makes no provision regarding the provision of certified payroll records to the Commissioner.
JUSTIFICATION: The enforcement of the labor wage law would be enhanced by increased awareness on the part of farm labor contractors of the need for accuracy in record keeping. This requirement would assure the department of labor that wage and hour law was complied with through the inspection of payroll records on a regular basis.
PRIOR LEGISLATIVE HISTORY: 2012: S.301 - Referred to Agriculture 2011: S.301 - Notice of Committee Consideration Requested; Committee Discharged, Referred to Agriculture 2010: S.2183 - Referred to Labor/A.364 - Enacting Clause Stricken 2009: S.2183 - Referred to Labor/A.364 - Third Reading Calendar 2007-08: A.1726 - Passed Assembly
FISCAL IMPLICATIONS: None to State.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 261 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- 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 requiring farm labor contractors to provide certified copies of payroll records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs d and e of subdivision 2 of section 212-a of the labor law are relettered paragraphs e and f and a new paragraph d is added to read as follows: D. EVERY FARM LABOR CONTRACTOR SHALL PROVIDE THE COMMISSIONER A CERTI- FIED TRUE COPY OF ALL PAYROLL RECORDS FOR WORK DONE WHEN THE CONTRACTOR PAYS EMPLOYEES DIRECTLY. THE RECORD SHALL BE SUBMITTED IN SUCH FORM AND AT SUCH TIMES AND SHALL CONTAIN INFORMATION AS THE COMMISSIONER, BY RULE OR REGULATION, MAY PRESCRIBE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00517-01-3