Enacts the farmworkers fair labor practices act, granting collective bargaining rights, workers' compensation and unemployment benefits to farmworkers

Summary of specific provisions

Section 1 of the bill entitles the bill, the farmworkers fair labor practices act.

Section 2 of the bill amends the Labor Law to provide collective bargaining rights for farm workers.

Section 3 of the bill amends the Labor Law to allow farm workers 24 hours of rest a week.

Sections 4-5 of the bill amend § 161 of the Labor Law to allow a day of rest for agricultural workers.

Section 6 of the bill amends the Labor Law to reiterate that eight hours shall constitute a legal day's work for farm workers.

Section 7 of the bill provides that farm workers shall be paid overtime after eight hours of work and 40 hours a week at the rate of time and one half.

Sections 8-9 of the bill amend the Labor Law as it relates to unemployment insurance for farm laborers

Section 10 of the bill amends the Public Health Law to expand the application of the sanitary code to farms occupied by migrant labor-present application for farms hiring five or more migrants.

Section 11 of the bill establishes the same eligibility for farmworkers as other workers for workers' compensation.

Section 12 of the bill requires the posting of workers' compensation insurance to be posted in English and Spanish; provides for additional penalties for failure to post workers' compensation insurance notice.

Section 13 of the bill requires foremen receiving notice of an injury to a worker suffered in the course of farm employment to inform the employer of the injury.

Section 14 of the bill amends S 120 of the Workers' compensation Law to make it unlawful to discharge an employee for requesting a claim form regarding injuries incurred in the course of employment.

Section 15 of the bill amends the state disability law to include farm workers within coverage.

Section 16 of the bill pertains to coverage within the minimum wage act.

Section 17 of the bill excludes the sub-minimum wage for underage farm workers.

Section 18 of the bill is the effective date.

Justification

Farmworkers perform essential services for New York's agricultural industry which ranks near the top nationally in dairy, apples, vegetables, grapes, floriculture and other products. Farm work is labor intensive that involves arduous tasks, exposure to pesticides, and long hours. Farmworkers frequently suffer physical injuries and illnesses in the course of their employment, often beyond that suffered by workers in other industries. It is unjust that the labor protections provided to other workers in New York such as a day of rest overtime pay, disability insurance, unemployment benefits and collective bargaining have been denied to farmworkers for decades. This legislation would grant farm-workers the basic labor rights long enjoyed by other public and private employees in our State.

Prior legislative history

2009: S.2247 Reported from Labor to Codes: A.1967 Passed Assembly. 2008: S.3884 Reported from Labor to Rules; A.7528 Advanced to 3rd Reading.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately, provided that section ten of this act shall take effect on the thirtieth day after it shall have become a law.