What's happening
This bill exempts agricultural employers from paying unemployment benefits for farm workers who are federally ineligible, such as certain temporary foreign workers.
Why it matters
Reduces costs for agricultural employers. by relieving them from having to pay state unemployment insurance taxes for certain foreign seasonal workers (such as H-2A visa holders), potentially lowering labor expenses in the sector.
Aligns state law with federal standards. , ensuring that New York’s unemployment insurance system does not provide benefits to categories of workers who are already ineligible under federal law, which may simplify compliance for employers.
May impact the financial stability of the unemployment insurance fund. by clarifying that contributions are not collected for ineligible workers, potentially reducing the fund’s resources but also preventing payouts to those not authorized to receive them.
Affects farm workers’ protections. by formalizing that certain temporary foreign workers will have no access to unemployment benefits in New York, reinforcing a distinction in benefit eligibility based on immigration status.
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Who cares
Headline styles
End Farm Unemployment Payments
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
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.
No Unemployment Pay for Farmworkers
In Assembly Committee · Labor · Sponsor William Magee
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
139
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. LITTLE, AMEDORE, CROCI, GALLIVAN, MARCHIONE, ORTT, RANZENHOFER, RITCHIE, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to exempting agricultural employers from paying for unemployment benefits for federally ineligible farm labor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 564 of the labor law is renumbered subdivision 3 and a new subdivision 2 is added to read as follows:
2. Exclusion from coverage. The term "employment" shall not include services rendered by an individual who is an alien admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the Federal Immigration and Nationality Act if, at the time such services are rendered, they are excluded from the definition of employment in section 3306(c) of the Federal Unemployment Tax Act.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00338-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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
2015-16: S.1853-A Passed Senate; A.6256-A Referred to Labor 2014: S. 7289 Referred to Labor 2009/10 - S.302 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.