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S00434 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           434
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen. PERALTA -- 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 Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 161 of the labor law is amended by adding  two  new
     2  subdivisions 7 and 8 to read as follows:
     3    7.  Every farmer employing farm laborers shall offer those farm labor-
     4  ers twenty-four consecutive hours of rest in  each  and  every  calendar
     5  week.  This  requirement shall not apply to the parent, child, spouse or
     6  other member of the employer's immediate family. Twenty-four consecutive
     7  hours spent at rest because of circumstances, such as  weather  or  crop
     8  conditions,  shall  be  deemed  to  constitute the rest required by this
     9  subdivision. No provision of this  subdivision  shall  prohibit  a  farm
    10  laborer from voluntarily refusing the rest required by this subdivision.
    11  The term "farm labor" shall include all services performed by an employ-
    12  ee  on  a farm in connection with cultivating the soil, or in connection
    13  with raising or harvesting of agricultural  commodities,  including  the
    14  raising,  shearing,  caring  for and management of livestock, poultry or
    15  dairy.
    16    8. Every employer employing domestic workers in personal  or  domestic
    17  service in private homes shall offer those employees twenty-four consec-
    18  utive  hours  of  rest  in each and every calendar week. No provision of
    19  this subdivision shall  prohibit  a  domestic  worker  from  voluntarily
    20  refusing the rest required by this subdivision. The term "domestic work-
    21  er"  shall  include  all  services performed by an employee in a private
    22  home in connection with child care, cleaning, cooking, driving,  garden-
    23  ing and personal assistance.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00112-01-7

        S. 434                              2
 
     1    §  2.  Paragraphs b and d of subdivision 2 of section 161 of the labor
     2  law, as amended by chapter 281 of the laws of 1941, are amended to  read
     3  as follows:
     4    b.  Employees in [dairies, creameries,] milk condenseries, milk powder
     5  factories, milk sugar factories,  milk  shipping  stations,  butter  and
     6  cheese  factories,  ice  cream  manufacturing  plants  and milk bottling
     7  plants, where not more than seven persons are employed;
     8    d. Employees whose duties include not more than three hours'  work  on
     9  Sunday  in setting sponges in bakeries, [caring for live animals,] main-
    10  taining fires, or making necessary repairs to boilers or machinery.
    11    § 3. The labor law is amended by adding two  new  sections  163-a  and
    12  163-b to read as follows:
    13    §  163-a. Hours of labor on farms. Any person or corporation operating
    14  a farm employing farm laborers shall offer those farm  laborers  twenty-
    15  four  consecutive  hours  of  rest  in  each  and  every  calendar week;
    16  provided, however, that the farm laborer may voluntarily refuse  twenty-
    17  four consecutive hours of rest in each and every calendar week. Any farm
    18  laborer  who  refuses  twenty-four  consecutive  hours  of rest shall be
    19  compensated at a rate which is at least one and one-half times the work-
    20  er's normal wage rate.
    21    § 163-b. Hours of labor for domestic work. Any person  or  corporation
    22  employing  domestic  workers  in personal or domestic service in private
    23  homes shall offer those employees twenty-four consecutive hours of  rest
    24  in  each  and  every calendar week; provided, however, that the domestic
    25  worker may voluntarily refuse twenty-four consecutive hours of  rest  in
    26  each  and  every  calendar week. Any domestic worker who refuses twenty-
    27  four consecutive hours of rest shall be compensated at a rate  which  is
    28  at least one and one-half times the worker's normal wage rate.
    29    § 4. This act shall take effect immediately.
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