Provides for twenty-four hours of consecutive rest for farm laborers.
Ayes (26): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Klein, Perkins, Valesky, DeFrancisco, Volker, LaValle, Seward, Saland, Hannon, Larkin, Nozzolio, Maziarz, Marcellino, Robach
Ayes W/R (6): Espada, Peralta, Johnson O, Padavan, Farley, Leibell
Nays (1): Diaz
TITLE OF BILL: An act to amend the labor law, in relation to providing farm laborers with a day of rest
PURPOSE OR GENERAL IDEA OF BILL: To provide farm workers with twenty-four consecutive hours of rest each week
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 161 of the Labor Law to allow every farm laborer at least 24 hours of rest each week, which may include 24 hours spent at rest due to weather or crop circumstances. This right may be waived in writing by the employee if he or she prefers to work on the day of rest. Farm employers would be required to post notice of this right in a central posting area. The term "farm laborer" is defined. This requirement would not apply to a parent, child, spouse, in-law or other member of the employer's immediate family.
Section 2 establishes the effective date of the Act.
EXISTING LAW: Section 161 of the labor law which provides most workers with a day of rest does not apply to farm workers.
JUSTIFICATION: This legislation would provide farm workers with the same right to a day of rest enjoyed by other workers, which is intended to protect the health and safety of employees. Farm work involves long hours, strenuous duties and exposure to pesticides. Allowing farm workers to take a voluntary day off would allow them to take care of medical and other personal needs. If a farm worker prefers not to take a day of rest in order to earn additional wages, he or she may consent in writing to work on that day. Farm workers are essential to the success of New York's agricultural industry. They should have the same basic right to a day of rest as workers in other industries in New York.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7964 IN SENATE May 27, 2010 ___________Introduced by Sen. ONORATO -- 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 providing farm laborers with a day of rest THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 161 of the labor law is amended by adding a new third undesignated paragraph to read as follows: EVERY PERSON EMPLOYED AS A FARM LABORER SHALL BE ALLOWED AT LEAST TWENTY-FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CALENDAR WEEK. TWENTY-FOUR CONSECUTIVE HOURS SPENT AT REST BECAUSE OF WEATHER OR CROP CONDITIONS SHALL BE DEEMED TO CONSTITUTE THE REST REQUIRED BY THIS PARA- GRAPH. A FARM LABORER MAY CONSENT IN WRITING TO WAIVE THE REST PROVIDED BY THIS PARAGRAPH AND WORK ON THE DAY OF REST. THE DAY OF REST SHOULD BE THE SAME AS THE TRADITIONAL DAY RESERVED BY THE FARM LABORER FOR RELI- GIOUS WORSHIP WHENEVER POSSIBLE. THE TERM "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED IN AGRICULTURAL EMPLOYMENT IN CONNECTION WITH CULTI- VATING THE SOIL, OR IN CONNECTION WITH RAISING OR HARVESTING OF AGRICUL- TURAL COMMODITIES, INCLUDING SERVICES PERFORMED ON ORCHARDS, PLANTA- TIONS, NURSERIES AND GREENHOUSES, AND SHALL INCLUDE THE RAISING, HATCHING, SHEARING, CARING FOR AND MANAGEMENT OF LIVESTOCK, POULTRY, DAIRY, BEES AND FUR-BEARING ANIMALS, AND SHALL INCLUDE THE HARVESTING OR PRODUCTION OF MAPLE SYRUP OR MAPLE SUGAR, AND SHALL INCLUDE THE OPERA- TION AND MAINTENANCE OF FARM EQUIPMENT AND IMPROVEMENT OR MAINTENANCE OF FARM WATER USE AREAS, AND SHALL INCLUDE THE PLANTING, DRYING, PACKAGING OR OTHER PROCESSING OF ANY AGRICULTURAL OR HORTICULTURAL COMMODITY RAISED ON THE EMPLOYER'S FARM. THE TERM "FARM LABOR" SHALL NOT INCLUDE SERVICES PERFORMED IN CONNECTION WITH COMMERCIAL CANNING, FREEZING, GRADING OR OTHER PROCESSING OF ANY AGRICULTURAL OR HORTICULTURAL COMMOD- ITY NOT RAISED ON THE EMPLOYER'S FARM. EACH FARM EMPLOYER SHALL NOTIFY HIS OR HER FARM LABORERS OF THE TWENTY-FOUR CONSECUTIVE HOURS OF REST PERIOD REQUIRED BY THIS PARAGRAPH BY POSTING SUCH NOTICE IN A DESIGNATED CENTRAL POSTING AREA. THIS REQUIREMENT SHALL NOT APPLY TO THE PARENT, CHILD, SPOUSE OR OTHER MEMBER OF THE EMPLOYER'S FAMILY RELATED BY THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17309-01-0