Requires farm workers and domestic workers to be given at least 24 hours of consecutive rest like other employees in New York State.

---

S64-2013 Actions

• Jan 9, 2013: REFERRED TO LABOR

S64-2013 Memo

BILL NUMBER:S64

TITLE OF BILL:
An  act  to  amend the labor law, in relation to allowing farm workers
and domestic workers one day of rest each week

PURPOSE:
To allow farm workers and domestic workers to have one day of  rest  a
week like other employees in New York State.

SUMMARY OF PROVISIONS:
Section  1  amends  labor  law  section  161 to allow farm workers and
domestic workers 24 hours of rest in each calendar week.

Section 2 amends labor law section 161 (2) to make conforming  changes
for farm workers.

Section 3 adds new sections to the labor law to allow farm workers and
domestic  workers  who  voluntarily  refuse  24  hours  of  rest to be
compensated at a rate of at least one and a half  times  the  worker's
normal wage rate.

JUSTIFICATION:
The  day  of  rest  provision was enacted to protect the health of the
State's workforce. Although a business can increase its output with an
additional day of labor, the  Legislature  has  determined  that  this
interest  must give way to the interest of ensuring that the workforce
is healthy.

Farm work and domestic work are labor intensive, far in excess of many
other occupations. The rationale for granting a  day  off  applies  as
much, if not more, to farm workers and domestic workers.

PRIOR LEGISLATIVE HISTORY:
2011-12:  S.671
2009-10:  A.611 Referred to Labor
2007-08:  A.2717 Referred to Labor
2005-06:  A.2855 Referred to Labor
2003-04:  A.9873 Advanced to 3rd reading

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

S64-2013 Text

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

                                     64

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. PERALTA -- 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 allowing farm workers  and
    domestic workers one day of rest each week

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


    Section 1. Section 161 of the labor law is amended by adding  two  new
  subdivisions 7 and 8 to read as follows:

    7.  EVERY FARMER EMPLOYING FARM LABORERS SHALL OFFER THOSE FARM LABOR-
  ERS TWENTY-FOUR CONSECUTIVE HOURS OF REST IN  EACH  AND  EVERY  CALENDAR
  WEEK.  THIS  REQUIREMENT SHALL NOT APPLY TO THE PARENT, CHILD, SPOUSE OR
  OTHER MEMBER OF THE EMPLOYER'S IMMEDIATE FAMILY. TWENTY-FOUR CONSECUTIVE
  HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH AS  WEATHER  OR  CROP
  CONDITIONS,  SHALL  BE  DEEMED  TO  CONSTITUTE THE REST REQUIRED BY THIS
  SUBDIVISION. NO PROVISION OF THIS  SUBDIVISION  SHALL  PROHIBIT  A  FARM
  LABORER FROM VOLUNTARILY REFUSING THE REST REQUIRED BY THIS SUBDIVISION.
  THE TERM "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED BY AN EMPLOY-
  EE  ON  A FARM IN CONNECTION WITH CULTIVATING THE SOIL, OR IN CONNECTION
  WITH RAISING OR HARVESTING OF AGRICULTURAL  COMMODITIES,  INCLUDING  THE
  RAISING,  SHEARING,  CARING  FOR AND MANAGEMENT OF LIVESTOCK, POULTRY OR
  DAIRY.
    8. EVERY EMPLOYER EMPLOYING DOMESTIC WORKERS IN PERSONAL  OR  DOMESTIC
  SERVICE IN PRIVATE HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSEC-
  UTIVE  HOURS  OF  REST  IN EACH AND EVERY CALENDAR WEEK. NO PROVISION OF
  THIS SUBDIVISION SHALL  PROHIBIT  A  DOMESTIC  WORKER  FROM  VOLUNTARILY
  REFUSING THE REST REQUIRED BY THIS SUBDIVISION. THE TERM "DOMESTIC WORK-
  ER"  SHALL  INCLUDE  ALL  SERVICES PERFORMED BY AN EMPLOYEE IN A PRIVATE
  HOME IN CONNECTION WITH CHILD CARE, CLEANING, COOKING, DRIVING,  GARDEN-
  ING AND PERSONAL ASSISTANCE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01087-01-3

 S. 64                               2

    S  2.  Paragraphs b and d of subdivision 2 of section 161 of the labor
  law, as amended by chapter 281 of the laws of 1941, are amended to  read
  as follows:

    b.  Employees in [dairies, creameries,] milk condenseries, milk powder
  factories, milk sugar factories,  milk  shipping  stations,  butter  and
  cheese  factories,  ice  cream  manufacturing  plants  and milk bottling
  plants, where not more than seven persons are employed;
    d. Employees whose duties include not more than three hours'  work  on
  Sunday  in setting sponges in bakeries, [caring for live animals,] main-
  taining fires, or making necessary repairs to boilers or machinery.
    S 3. The labor law is amended by adding two  new  sections  163-a  and
  163-b to read as follows:

    S  163-A. HOURS OF LABOR ON FARMS. ANY PERSON OR CORPORATION OPERATING
  A  FARM  EMPLOYING  FARM  LABORERS  SHALL  OFFER  THOSE  FARM   LABORERS
  TWENTY-FOUR  CONSECUTIVE  HOURS OF REST IN EACH AND EVERY CALENDAR WEEK;
  PROVIDED, HOWEVER, THAT THE FARM LABORER MAY VOLUNTARILY REFUSE  TWENTY-
  FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CALENDAR WEEK. ANY FARM
  LABORER  WHO  REFUSES  TWENTY-FOUR  CONSECUTIVE  HOURS  OF REST SHALL BE
  COMPENSATED AT A RATE WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORK-
  ER'S NORMAL WAGE RATE.
    S 163-B. HOURS OF LABOR FOR DOMESTIC WORK. ANY PERSON  OR  CORPORATION
  EMPLOYING  DOMESTIC  WORKERS  IN PERSONAL OR DOMESTIC SERVICE IN PRIVATE
  HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSECUTIVE HOURS OF  REST
  IN  EACH  AND  EVERY CALENDAR WEEK; PROVIDED, HOWEVER, THAT THE DOMESTIC
  WORKER MAY VOLUNTARILY REFUSE TWENTY-FOUR CONSECUTIVE HOURS OF  REST  IN
  EACH   AND   EVERY  CALENDAR  WEEK.  ANY  DOMESTIC  WORKER  WHO  REFUSES
  TWENTY-FOUR CONSECUTIVE HOURS OF REST SHALL BE  COMPENSATED  AT  A  RATE
  WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORKER'S NORMAL WAGE RATE.
    S 4. This act shall take effect immediately.