Bill Text: NY S05744 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 5744 (Prior Session Legislation)

Introduced

Bill Title: Provides that farm laborers who work sixty hours during a calendar week and who work on their day of rest shall be compensated at the overtime rate of pay.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S05744 Detail]

Download: New_York-2021-S05744-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          5744

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 17, 2021
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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  overtime  pay  for  farm
          laborers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The closing paragraph of subdivision 1 of  section  161  of
     2  the  labor  law, as amended by section 4 of part II of chapter 58 of the
     3  laws of 2020, is amended to read as follows:
     4    Every person employed as a farm laborer  shall  be  allowed  at  least
     5  twenty-four  consecutive  hours of rest in each and every calendar week.
     6  Twenty-four consecutive hours spent at rest  because  of  circumstances,
     7  such  as  weather  or crop conditions, shall be deemed to constitute the
     8  rest required by this paragraph. No provision of  this  paragraph  shall
     9  prohibit a farm laborer from voluntarily agreeing to work on such day of
    10  rest required by this paragraph, provided that [the] a farm laborer [is]
    11  who  has  worked sixty hours during a calendar week shall be compensated
    12  at an overtime rate which is at least one and one-half times the  labor-
    13  er's  regular  rate of pay for all hours worked on such day of rest. The
    14  term "farm labor" shall include all services performed  in  agricultural
    15  employment  in  connection  with  cultivating the soil, or in connection
    16  with raising or harvesting of agricultural  commodities,  including  the
    17  raising,  shearing,  caring  for and management of livestock, poultry or
    18  dairy. The day of rest authorized under this subdivision should, whenev-
    19  er possible, coincide with the traditional  day  reserved  by  the  farm
    20  laborer for religious worship.
    21    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02907-01-1