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

                                  8879

                          I N  A S S E M B L Y

                            February 27, 2014
                               ___________

Introduced by M. of A. BLANKENBUSH, GRAF, GIGLIO, GOODELL -- Multi-Spon-
  sored  by  --  M. of A.  CROUCH, DiPIETRO -- read once and referred to
  the Committee on Labor

AN ACT to amend the labor law, in relation to expanding  the  definition
  of  agricultural  labor  to include working at a farmers market and in
  relation to unemployment insurance coverage requirements for employers
  of agricultural workers

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

  Section  1.    Subparagraph  3  of  paragraph  (a) of subdivision 6 of
section 511 of the labor law, as amended by chapter 196 of the  laws  of
1966  and  as  renumbered by chapter 607 of the laws of 1971, is amended
and a new subparagraph 4 is added to read as follows:
  (3) in handling, planting,  drying,  packing,  packaging,  processing,
freezing,  grading, storing, or delivering to storage or to market or to
a carrier for transportation to market, any agricultural or horticultur-
al commodity; but only if such service is performed in the employ of  an
operator  of a farm (i) as an incident to farming operations or, (ii) in
the case of fruits and vegetables, as an incident to the preparation  of
such  fruits  or vegetables for market. The provisions of this paragraph
shall not apply to  service  performed  in  connection  with  commercial
canning or commercial freezing or in connection with any agricultural or
horticultural  commodity  after  its  delivery  to a terminal market for
distribution for consumption[.];
  (4) AT A FARMERS MARKET, IN THE EMPLOY OF ANY  PERSON  WHO  RAISES  OR
HARVESTS  ANY AGRICULTURAL OR HORTICULTURAL COMMODITY FOR THE PURPOSE OF
SELLING SUCH COMMODITIES AT A FARMERS MARKET.
  S 2. Subparagraph 2 of paragraph (a) of subdivision 1 of  section  564
of  the  labor  law,  as  added  by  chapter 675 of the laws of 1977, is
amended to read as follows:
  (2) has employed in agricultural labor ten or more  persons,  WHO  ARE
NOT  MEMBERS OF SUCH EMPLOYER'S IMMEDIATE FAMILY, on each of twenty days
during a calendar year or the preceding calendar year, each day being in
a different calendar  week,  and  the  liability  shall  in  such  event
commence on the first day of the calendar year, or
  S 3. This act shall take effect immediately.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06416-01-3