BILL NUMBER:S1980

TITLE OF BILL:  An act to amend the labor law, in relation to
authorizing minors fourteen years of age or older, working as part of
a religious community of which they are a member, to be employed in or
assist in certain activities

PURPOSE:

The purpose of this legislation is to provide a religious exemption to
current labor laws to allow minors from the age of 14 to 17 years old
who are members of a religious community such as the Old Order Amish,
to engage in certain work activities within the religious community
when under adult supervision.

SUMMARY OF PROVISIONS:

Section 1: Amends section 131 of the Labor law by adding a new
subdivision 7 to allow minors fourteen to fifteen years old who are
members of a religious community to be exempt from current law that
prohibits minors from working with and around heavy machinery.

Section 2: Amends section 132 of the Labor Law by adding a new
subdivision 6 to allow minors sixteen to seventeen years old who are
members of a religious community to be exempt from current law that
prevents minors from working with and around heavy machinery.
              

Section 3: Adds a new paragraph c to section 133 of the Labor Law to
provide that exempted minors shall at all times be under the
supervision of an adult who is an active member of the same religious
community when working with and around heavy machinery.

Section 4: Sets for the effective date.

JUSTIFICATION:

Religious groups such as the Old Order Amish have been established as
peaceful communities in New York state for generations. They are
constitutionally guaranteed the right to practice their faith without
interference by government. The Amish have been able to maintain their
traditions, beliefs and practices without dispute or controversy in
New York and have long been contributing members and an asset to their
local communities.

The Amish are taught to work at an early age and are trained for the
family business at the end of the eighth grade. They are mentored
during this work while engaged in activities such as woodworking,
saw-milling and other work with heavy machinery.

As currently enforced, NYS child labor laws prohibit the Amish from
training their children in the very areas of employment that their
livelihood has depended on for decades. Without the exemption provided
in this bill, the whole Amish way of life is in danger of being
altered.  Further, the values of work and responsibility taught to
each generation, which are an integral part of the Amish existence,
may be destroyed without the religious protection provided in this
bill.


New York State has a responsibility to ensure religious freedom but
also to ensure that minors are protected at all times, so this bill
would require adult supervision of minors in the Amish community when
working with such heavy machinery.

The Federal Government passed a similar religious exemption for the
Amish, under the Clinton administration in 1998. That legislation
allowed individual states such as New York to enact religious
exemptions to their state labor laws. This bill would help to protect
the constitutional freedom of this religious community by providing a
similar religious exemption in state labor law to federal labor law,
while ensuring safety of minors through their direct supervision.

LEGISLATIVE HISTORY:

2013,2014: S.2087/A.5041 Referred to Labor

2011,2012: S.767/A.6082  Passed Senate
2009,2010: S.2266/A.2252  Referred to Labor
2007,2008: S.3552/A.6929  Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.