Excludes alien farm laborers from unemployment insurance coverage

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.