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BILL NUMBER:S301

TITLE OF BILL:             REVISED 12/30/11

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 2l2-a (2) (d) (e). Re-letlers 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:

2011:    S.301 -  Discharged from Labor, 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.

EFFECTIVE DATE:

Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

301

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

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.
                                                           LBD02219-01-1