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.
STATE OF NEW YORK
________________________________________________________________________
4590
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee 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
