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Who cares
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Sponsors
2 Co-sponsors
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Excludes alien farm laborers from unemployment insurance coverage
In Assembly Committee · Labor · Sponsor Albert A. Stirpe
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 sections 214(c) and 101 (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.
Section 2 - contains the effective date.
Justification
This bill would rectify an 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 which otherwise would not be performed by the local labor force. Farmers must take advantage of hiring migrant laborers when there is shortage of other workers.
If enacted, this bill will have a negligible impact on the unemployment insurance fund. However, the costs imposed on the employer is burdensome and unsubstantiated. This bill is a necessary step in providing financial relief to many of our state's farmers.
Legislative history
2007/08: S.1109 Labor; S.9985 Labor 2005/06: S.739 Labor 2004: S.6304 Labor
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.