Bill S64-2013

Requires farm workers and domestic workers to be given at least 24 hours of consecutive rest

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

Details

Actions

  • Jan 8, 2014: REFERRED TO LABOR
  • Jan 9, 2013: REFERRED TO LABOR

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 64 2013-2014 Regular Sessions IN 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.
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus