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A06256 Summary:

BILL NOA06256A
 
SAME ASSAME AS S01853-A
 
SPONSORMagee
 
COSPNSRHawley, Skoufis, Crouch, Duprey, Fahy, DiPietro
 
MLTSPNSRFriend, McLaughlin
 
Amd S564, Lab L
 
Exempts agricultural employers from paying for unemployment coverage for alien farm laborers, who are federally ineligible from receiving such benefits.
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A06256 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6256A
 
SPONSOR: Magee (MS)
  TITLE OF BILL: An act to amend the labor law, in relation to exempt- ing 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 work- ers. 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
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