S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   611

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JOHN, HOOPER, PERRY -- read once and referred 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:

  Section 1. Section 161 of the labor law is amended by adding  two  new
subdivisions 7 and 8 to read as follows:
  7.  EVERY FARMER EMPLOYING FARM LABORERS SHALL OFFER THOSE FARM LABOR-
ERS TWENTY-FOUR CONSECUTIVE HOURS OF REST IN  EACH  AND  EVERY  CALENDAR
WEEK.  THIS  REQUIREMENT SHALL NOT APPLY TO THE PARENT, CHILD, SPOUSE OR
OTHER MEMBER OF THE EMPLOYER'S IMMEDIATE FAMILY. TWENTY-FOUR CONSECUTIVE
HOURS SPENT AT REST BECAUSE OF CIRCUMSTANCES, SUCH AS  WEATHER  OR  CROP
CONDITIONS,  SHALL  BE  DEEMED  TO  CONSTITUTE THE REST REQUIRED BY THIS
SUBDIVISION. NO PROVISION OF THIS  SUBDIVISION  SHALL  PROHIBIT  A  FARM
LABORER FROM VOLUNTARILY REFUSING THE REST REQUIRED BY THIS SUBDIVISION.
THE TERM "FARM LABOR" SHALL INCLUDE ALL SERVICES PERFORMED BY AN EMPLOY-
EE  ON  A FARM IN CONNECTION WITH CULTIVATING THE SOIL, OR IN CONNECTION
WITH RAISING OR HARVESTING OF AGRICULTURAL  COMMODITIES,  INCLUDING  THE
RAISING,  SHEARING,  CARING  FOR AND MANAGEMENT OF LIVESTOCK, POULTRY OR
DAIRY.
  8. EVERY EMPLOYER EMPLOYING DOMESTIC WORKERS IN PERSONAL  OR  DOMESTIC
SERVICE IN PRIVATE HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSEC-
UTIVE  HOURS  OF  REST  IN EACH AND EVERY CALENDAR WEEK. NO PROVISION OF
THIS SUBDIVISION SHALL  PROHIBIT  A  DOMESTIC  WORKER  FROM  VOLUNTARILY
REFUSING THE REST REQUIRED BY THIS SUBDIVISION. THE TERM "DOMESTIC WORK-
ER"  SHALL  INCLUDE  ALL  SERVICES PERFORMED BY AN EMPLOYEE IN A PRIVATE
HOME IN CONNECTION WITH CHILD CARE, CLEANING, COOKING, DRIVING,  GARDEN-
ING AND PERSONAL ASSISTANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02542-01-9
              

A. 611                              2

  S  2.  Paragraphs b and d of subdivision 2 of section 161 of the labor
law, as amended by chapter 281 of the laws of 1941, are amended to  read
as follows:
  b.  Employees in [dairies, creameries,] milk condenseries, milk powder
factories, milk sugar factories,  milk  shipping  stations,  butter  and
cheese  factories,  ice  cream  manufacturing  plants  and milk bottling
plants, where not more than seven persons are employed;
  d. Employees whose duties include not more than three hours'  work  on
Sunday  in setting sponges in bakeries, [caring for live animals,] main-
taining fires, or making necessary repairs to boilers or machinery.
  S 3. The labor law is amended by adding two  new  sections  163-a  and
163-b to read as follows:
  S  163-A. HOURS OF LABOR ON FARMS. ANY PERSON OR CORPORATION OPERATING
A  FARM  EMPLOYING  FARM  LABORERS  SHALL  OFFER  THOSE  FARM   LABORERS
TWENTY-FOUR  CONSECUTIVE  HOURS OF REST IN EACH AND EVERY CALENDAR WEEK;
PROVIDED, HOWEVER, THAT THE FARM LABORER MAY VOLUNTARILY REFUSE  TWENTY-
FOUR CONSECUTIVE HOURS OF REST IN EACH AND EVERY CALENDAR WEEK. ANY FARM
LABORER  WHO  REFUSES  TWENTY-FOUR  CONSECUTIVE  HOURS  OF REST SHALL BE
COMPENSATED AT A RATE WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORK-
ER'S NORMAL WAGE RATE.
  S 163-B. HOURS OF LABOR FOR DOMESTIC WORK. ANY PERSON  OR  CORPORATION
EMPLOYING  DOMESTIC  WORKERS  IN PERSONAL OR DOMESTIC SERVICE IN PRIVATE
HOMES SHALL OFFER THOSE EMPLOYEES TWENTY-FOUR CONSECUTIVE HOURS OF  REST
IN  EACH  AND  EVERY CALENDAR WEEK; PROVIDED, HOWEVER, THAT THE DOMESTIC
WORKER MAY VOLUNTARILY REFUSE TWENTY-FOUR CONSECUTIVE HOURS OF  REST  IN
EACH   AND   EVERY  CALENDAR  WEEK.  ANY  DOMESTIC  WORKER  WHO  REFUSES
TWENTY-FOUR CONSECUTIVE HOURS OF REST SHALL BE  COMPENSATED  AT  A  RATE
WHICH IS AT LEAST ONE AND ONE-HALF TIMES THE WORKER'S NORMAL WAGE RATE.
  S 4. This act shall take effect immediately.