Bill S7289-2013

Excludes alien farm laborers from unemployment insurance coverage

Excludes alien farm laborers from unemployment insurance coverage.

Details

Actions

  • May 9, 2014: REFERRED TO LABOR

Memo

BILL NUMBER:S7289

TITLE OF BILL: An act to amend the labor law, in relation to excluding certain agricultural labor from coverage under the provision of the unemployment insurance law

PURPOSE:

To exempt employers of alien agricultural labor from paying unemployment insurance on those workers.

SUMMARY OF PROVISIONS:

Section 1- subdivision 2 of section 564 of the labor law is renumbered subdivision 3 and a new subdivision 2 is added to exclude from the term "employment" an individual who is an alien admitted to the United States to perform agricultural labor. This will conform New York State statute to section 214(c) and 10(a)(15)(H) of the Federal Immigration and Nationality act if they are excluded from the definition of employment in section 3306(c) of the Federal Unemployment tax Act.

JUSTIFICATION:

This bill would rectify and inequity in the New York State Labor Law. Currently, employers of alien agricultural laborers are required to pay unemployment insurance on their migrant workers. The inequity arises in the fact that under federal statute these workers are precluded from unemployment insurance benefits due to their status as aliens. It is important to note that these laborers perform a valuable service to the agricultural community by performing tasks that which otherwise would not be performed by the local labor force. Farmers must take advantage of hiring migrant laborers when there is a shortage of other workers. If enacted, the bill will have a negligible impact on the unemployment insurance fund, however the cost imposed on the employer are burdensome and unsubstantiated. This bill is a necessary step in providing financial relief to many of our state's farmers.

LEGISLATIVE HISTORY:

S. 302 of 2009/10- Referred to Labor; A. 2256- Referred to Labor

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7289 IN SENATE May 9, 2014 ___________
Introduced by Sen. LITTLE -- 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 excluding certain agricul- tural labor from coverage under the provision of the unemployment insurance law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 564 of the labor law is renumbered subdivision 3 and a new subdivision 2 is added to read as follows: 2. EXCLUSION FROM COVERAGE. THE TERM "EMPLOYMENT" DOES NOT INCLUDE SERVICES RENDERED BY AN INDIVIDUAL WHO IS AN ALIEN ADMITTED TO THE UNITED STATES TO PERFORM AGRICULTURAL LABOR PURSUANT TO SECTIONS 214(C) AND 101(A)(15)(H) OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT IF, AT THE TIME SUCH SERVICES ARE RENDERED, THEY ARE EXCLUDED FROM THE DEFI- NITION OF EMPLOYMENT IN SECTION 3306(C) OF THE FEDERAL UNEMPLOYMENT TAX ACT. S 2. This act shall take effect immediately.

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