S671-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO LABOR
• Jan 5, 2011: REFERRED TO LABOR

S671-2011 Memo

BILL NUMBER:S671

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:
2009-2010: A.611 Referred to Labor
2007-2008: A.2717 Referred to Labor
2005-2006: A.2855 Referred to Labor
2003-2004: A.9873 Advanced to 3rd reading

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediate]y.

S671-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          671
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 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.
 LBD03076-01-1
 
       S. 671                              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.

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