What's happening
This bill requires employers to offer farm and domestic workers one day of rest per week or pay overtime if the rest is refused.
Why it matters
Ensures basic labor protections. for farm and domestic workers, two groups historically excluded from many workplace regulations, by mandating a guaranteed day of rest each week or premium pay for those who choose to work instead.
Creates a financial incentive. for employers to allow rest, as workers who forgo their weekly day off must be paid at least time-and-a-half, potentially raising labor costs and encouraging compliance.
Reduces loopholes in existing law. by removing exemptions for caring for live animals and dairy work, closing gaps that previously allowed employers to require continuous work without rest.
Clarifies definitions and scope. , explicitly stating what constitutes “farm labor” and “domestic work,” which may help prevent misclassification and ensure more workers are covered by these protections.
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Who cares
Headline styles
Guarantee Workers a Weekly Rest
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3391
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sen. JACKSON -- 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 allowing farm workers and domestic workers one day of rest each week
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 161 of the labor law is amended by adding two new subdivisions 7 and 8 to read as follows:
7. Every farmer employing farm laborers shall offer those farm laborers twenty-four consecutive hours of rest in each and every calendar week. This requirement shall not apply to the parent, child, spouse or other member of the employer's immediate family. Twenty-four consecutive hours spent at rest because of circumstances, such as weather or crop conditions, shall be deemed to constitute the rest required by this subdivision. No provision of this subdivision shall prohibit a farm laborer from voluntarily refusing the rest required by this subdivision. The term "farm labor" shall include all services performed by an employee on a farm in connection with cultivating the soil, or in connection with raising or harvesting of agricultural commodities, including the raising, shearing, caring for and management of livestock, poultry or dairy.
8. Every employer employing domestic workers in personal or domestic service in private homes shall offer those employees twenty-four consecutive hours of rest in each and every calendar week. No provision of this subdivision shall prohibit a domestic worker from voluntarily refusing the rest required by this subdivision. The term "domestic worker" shall include all services performed by an employee in a private home in connection with child care, cleaning, cooking, driving, gardening and personal assistance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08829-01-9
S. 3391 2
§ 2. Paragraphs b and d of subdivision 2 of section 161 of the labor law, as amended by chapter 281 of the laws of 1941, are amended to read as follows:
b. Employees in [dairies, creameries,] milk condenseries, milk powder factories, milk sugar factories, milk shipping stations, butter and cheese factories, ice cream manufacturing plants and milk bottling plants, where not more than seven persons are employed;
d. Employees whose duties include not more than three hours' work on Sunday in setting sponges in bakeries, [caring for live animals,] maintaining fires, or making necessary repairs to boilers or machinery.
§ 3. The labor law is amended by adding two new sections 163-a and 163-b to read as follows:
§ 163-a. Hours of labor on farms. Any person or corporation operating a farm employing farm laborers shall offer those farm laborers twentyfour consecutive hours of rest in each and every calendar week; provided, however, that the farm laborer may voluntarily refuse twentyfour consecutive hours of rest in each and every calendar week. Any farm laborer who refuses twenty-four consecutive hours of rest shall be compensated at a rate which is at least one and one-half times the worker's normal wage rate.
§ 163-b. Hours of labor for domestic work. Any person or corporation employing domestic workers in personal or domestic service in private homes shall offer those employees twenty-four consecutive hours of rest in each and every calendar week; provided, however, that the domestic worker may voluntarily refuse twenty-four consecutive hours of rest in each and every calendar week. Any domestic worker who refuses twentyfour consecutive hours of rest shall be compensated at a rate which is at least one and one-half times the worker's normal wage rate.
§ 4. This act shall take effect immediately.
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 allowing farm workers and domestic workers one day of rest each week
Purpose
To allow farm workers and domestic workers to have one day of rest a week like other employees in New York State.
Summary of provisions
Section 1 amends labor law section 161 to allow farm workers and domes- tic workers 24 hours of rest in each calendar week.
Section 2 amends labor law section 161 (2) to make conforming changes for farm workers.
Section 3 adds new sections to the labor law to allow farm workers and domestic workers who voluntarily refuse 24 hours of rest to be compen- sated at a rate of at least one and a half times the worker's normal wage rate.
Justification
The day of rest provision was enacted to protect the health of the State's workforce. Although a business can increase its output with an additional day of labor, the Legislature has determined that this inter- est must give way to the interest of ensuring that the workforce is healthy.
Farm work and domestic work are labor intensive, far in excess of many other occupations. The rationale for granting a day off applies as much, if not more, to farm workers and domestic workers.
Legislative history
2017-2018: 5.434 - Referred to Labor 2015-2016: 5.2227 - Referred to Labor 2013-2014: S.64 - Referred to Labor 2011-2012: S.671 - Committee Discharged and Committed to Rules 2009-2010: A.611 - Referred to Labor 2007-2008: A.2717 - Referred to Labor 2005-2006: A.2855 - Referred to Labor 2003-2004: A.9873 - Advanced to 3rd reading
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.