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Senator · Senate District 45
History
- Referred to labor
- Delivered to assembly
- Passed senateVote 34–28
- Advanced to third reading
- 2nd report cal.
- 1st report cal.860
- Referred to labor
- Committed to rules
- Amended on third reading (t) 1853a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1105
Show 1 earlier action
- 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.
Exempts agricultural employers from paying for unemployment coverage for alien farm laborers, who are federally ineligible from receiving such benefits
In Assembly Committee · Labor · Sponsor William Magee
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 exempting agricultural employers from paying for unemployment benefits for federally ineligible farm labor
Purpose
To exempt employers of alien agricultural labor from paying for unemployment coverage on those workers who are federally ineligible from receiving such benefits.
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 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.
Justification
Currently New York is the only state in the country that requires agricultural employers to pay unemployment insurance premiums for federally ineligible farm labor.
This bill would rectify this inequity in the New York State Labor Law by exempting agricultural employers from paying for unemployment coverage for H-2A visa farm workers. Currently, New York agricultural employers who participate in the H-2A visa farm worker program are required to pay unemployment insurance premiums for these temporary visa workers. However, section 3306(c)of the Federal Unemployment Tax Act excludes these guest workers from collecting unemployment insurance benefits for their work in the US as they must return to their home countries. Thus, New York agricultural employers are contributing to an unemployment insurance plan that can never be collected on by the employee.
It is important to note that these guest laborers perform a valuable service to the agricultural community by performing work which otherwise would not be performed by the local labor force. Farmers must take advantage of hiring H-2A visa farm laborers when they are unable to hire domestic workers for these positions.
If enacted, the bill will have a negligible impact on the unemployment insurance fund, and no impact on the individuals hired through the H-2A visa program. This bill is a necessary step in providing financial relief to many of our state's farmers.
Legislative history
2014: S. 7289 Referred to Labor S.302 of 2009/10 - Referred to Labor; A.2256- Referred to Labor
Fiscal implications
To be determined
Local 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.