S261-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S261-2013 Memo

BILL NUMBER:S261

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.

S261-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          261
 2013-2014 Regular Sessions
 I N  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

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