A01470 Summary:

BILL NO    A01470A

SAME AS    No same as

SPONSOR    Wright (MS)

COSPNSR    Clark, Peralta, Colton, Farrell, McEneny, Perry, Robinson, Towns,
           Rosenthal, Ortiz, Kavanagh, Lopez V, O'Donnell, Schimel, Lancman,
           Alessi, Zebrowski, Camara, Mayersohn, Scarborough, Jeffries, Ramos,
           Castro, Espaillat, Rivera P, Cook, Brook-Krasny, Jaffee, Powell,
           Aubry, Barron, Pretlow, Peoples-Stokes

MLTSPNSR   Benjamin, Boyland, Brennan, DenDekker, Glick, Heastie, Hooper,
           Jacobs, Kellner, Lavine, Lentol, Lupardo, Markey, Meng, Millman,
           Pheffer, Reilly, Rivera N, Sweeney, Thiele, Titus, Weinstein,
           Weisenberg

Amd SS2, 160, 160, 161, 651 & 701, Lab L; amd S292, Exec L; amd S201, Work Comp
L

Relates to provisions regarding domestic workers and such workers' employment
regulations concerning hours of labor and wages, employment restrictions and
employment contracts.

A01470 Actions:

BILL NO    A01470A

01/07/2009 referred to labor
02/04/2009 reported referred to codes
06/16/2009 amend (t) and recommit to codes
06/16/2009 print number 1470a
06/17/2009 reported referred to ways and means
06/18/2009 reported referred to rules
06/18/2009 reported 
06/18/2009 rules report cal.484
06/18/2009 ordered to third reading rules cal.484
06/22/2009 passed assembly
06/22/2009 delivered to senate
06/22/2009 REFERRED TO RULES
01/06/2010 DIED IN SENATE
01/06/2010 RETURNED TO ASSEMBLY
01/06/2010 ordered to third reading cal.125

A01470 Votes:

BILL: A01470A DATE: 06/22/2009  MOTION:                       YEA/NAY: 098/044

Abbate  Y  Cahill  Y  Englebr Y  Hooper  Y  Maisel  Y  Powell  Y  Skartad Y
Alessi  Y  Calhoun NO Errigo  NO Hoyt    NO Markey  ER Pretlow Y  Spano   Y
Alfano  Y  Camara  Y  Espaill Y  Hyer-Sp Y  Mayerso Y  Quinn   NO Stirpe  Y
Amedore NO Canestr Y  Farrell Y  Jacobs  Y  McDonou NO Rabbitt NO Sweeney Y
Arroyo  Y  Carrozz Y  Fields  NO Jaffee  Y  McEneny Y  Raia    NO Tedisco NO
Aubry   Y  Castro  Y  Finch   NO Jeffrie Y  McKevit NO Ramos   Y  Thiele  Y
Bacalle NO Christe NO Fitzpat NO John    Y  Meng    Y  Reilich NO Titone  Y
Ball    NO Clark   Y  Gabrysz Y  Jordan  NO Miller  NO Reilly  Y  Titus   Y
Barclay NO Colton  Y  Galef   Y  Kavanag Y  Millman Y  Rive J  Y  Tobacco NO
Barra   NO Conte   NO Gantt   Y  Kellner Y  Molinar NO Rive N  ER Towns   Y
Barron  ER Cook    Y  Gianari Y  Kolb    NO Morelle Y  Rive PM Y  Townsen NO
Benedet Y  Corwin  NO Gibson  Y  Koon    NO Nolan   Y  Robinso Y  Walker  Y
Benjami Y  Crespo  Y  Giglio  NO Lancman Y  Oaks    NO Rosenth Y  Weinste Y
Bing    Y  Crouch  NO Glick   Y  Latimer Y  O'Donne Y  Russell Y  Weisenb Y
Boyland ER Cusick  Y  Gordon  Y  Lavine  Y  O'Mara  NO Saladin NO Weprin  Y
Boyle   NO Cymbrow Y  Gottfri Y  Lentol  Y  Ortiz   Y  Sayward NO Wright  Y
Bradley Y  DelMont NO Gunther Y  Lifton  Y  Parment Y  Scarbor Y  Zebrows Y
Brennan Y  DenDekk Y  Hawley  NO Lope PD NO Paulin  Y  Schimel Y  Mr Spkr Y
Brodsky Y  Destito Y  Hayes   NO Lope VJ Y  Peoples ER Schimmi NO
Brook-K Y  Dinowit Y  Heastie Y  Lupardo Y  Peralta Y  Schroed Y
Burling NO Duprey  NO Hevesi  ER Magee   NO Perry   ER Scozzaf Y
Butler  NO Eddingt Y  Hikind  Y  Magnare Y  Pheffer Y  Seminer ER

A01470 Memo:

BILL NUMBER:A1470A

TITLE  OF BILL:   An act to amend the labor law, the executive law and
the workers' compensation law, in relation to establishing regulations
regarding employment of domestic workers  including  hours  of  labor,
wages and employment contracts

PURPOSE  OR  GENERAL  IDEA OF BILL:   This bill would provide the same
rights to domestic workers as are provided to  other  workers  in  New
York State.

SUMMARY  OF  SPECIFIC  PROVISIONS:   The Executive, Labor and Workers'
Compensation Laws  are  amended  to  remove  exemptions  for  domestic
workers  from  the  minimum  wage law and the overtime law in order to
provide domestic workers with overtime pay after eight hours of  work.
The  bill  would  also  explicitly state that domestic workers must be
provided with a day of rest each week.  In addition, the  bill  grants
disability  insurance to part time domestic workers, includes domestic
workers under the anti-discrimination law, and grants domestic workers
collective bargaining rights. The bill would provide domestic  workers
and  the  Department  of  Labor  wage  and  hour enforcement powers to
protect the wages of these  workers.  Finally,  it  would  direct  the
Department  of  Labor  to  study  the  impact of collect bargaining on
domestic work and to form an interagency task force to  help  domestic
workers  and  employers  perform  all  legally  obligated actions when
hiring a domestic worker.

JUSTIFICATION:  Domestic workers are among the most oppressed  workers
in the United States. They are often abused, mistreated and work under
harsh  conditions.  They are regularly forced by employers to work six
days a week, and receive little or no pay for their services. They are
also sexually, physically assaulted and abused.

Many domestic workers come to the  United  States  legally  to  escape
poverty  in  their country. The main reason for their employment is to
earn money to send to their families and support their children.  Many
domestic workers are isolated, exploited and psychologically abused by
their employers, thus resulting in the belief they will suffer serious
harm if they leave their jobs. In addition, many domestic workers fall
through  the  cracks  of the U. S. government. Therefore the burden of
securing employer compliance becomes that of the Domestic Worker. Even
if the Domestic Worker leaves their employer, they are not  guaranteed
time  to  remain  in  the  United  States  to  seek legal redress. The
problems of domestic workers underline the  need  for  legislation  to
protect the rights of male and female employees working in homes.

PRIOR  LEGISLATIVE HISTORY:  2007: A6285 2005-06; A.2804 - Referred to
labor, reported referred to codes

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE:  Ninety days after passage.