S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6938
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. BOLOGNA -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law,  in  relation  to  collective  bargaining
   rights  to  farm laborers; to amend the public health law, in relation
   to the application of the sanitary code to all farm and food  process-
   ing  labor  camps  for  migrant workers; to amend the workers' compen-
   sation law in relation to the eligibility of farm laborers  for  work-
   ers'  compensation  benefits  and  in  relation  to  service  as  farm
   laborers; to amend the labor law, in relation to labor on a  farm;  to
   repeal  sections  1,  2,  24 and 25 of chapter 105 of the laws of 2019
   relating to farm laborers; and repealing  certain  provisions  of  the
   labor law and the workers' compensation law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1, 2 and 24 of chapter 105 of the  laws  of  2019,
 relating to farm laborers, are REPEALED.
   §  2.  Paragraph (a) of subdivision 3 of section 701 of the labor law,
 as amended by chapter 105 of the laws of 2019, is  amended  to  read  as
 follows:
   (a)  The  term "employees" includes but is not restricted to any indi-
 vidual employed by a labor organization; any individual whose employment
 has ceased as a consequence of, or in connection with, any current labor
 dispute or because of  any  unfair  labor  practice,  and  who  has  not
 obtained  any other regular and substantially equivalent employment; and
 shall not be limited to the employees of a particular  employer,  unless
 the article explicitly states otherwise, but shall not include any indi-
 vidual  employed  by  [his]  THEIR  parent  or spouse or in the domestic
 service of and directly employed, controlled and paid by any  person  in
 [his]  THEIR  home,  any  individual whose primary responsibility is the
 care of a minor child or children and/or someone who lives in  the  home
 of  a person for the purpose of serving as a companion to a sick, conva-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07036-01-5
              

 A. 6938                             2
 
 lescing or elderly person or any individuals employed only for the dura-
 tion of a labor dispute, OR ANY INDIVIDUALS EMPLOYED  AS  FARM  LABORERS
 or,  any  individual  who participates in and receives rehabilitative or
 therapeutic  services in a charitable non-profit rehabilitation facility
 or sheltered workshop or any individual employed in  a  charitable  non-
 profit  rehabilitation  facility  or sheltered workshop who has received
 rehabilitative or therapeutic services and whose capacity to perform the
 work for which [he] SUCH INDIVIDUAL is engaged is substantially impaired
 by physical or mental deficiency or injury.
   § 3. Paragraph (c) of subdivision 3 of section 701 of the labor law is
 REPEALED.
   § 4. The closing paragraph of subdivision 1  of  section  161  of  the
 labor law is REPEALED.
   §  5.  Paragraphs b and d of subdivision 2 of section 161 of the labor
 law, as amended by chapter 105 of the laws of 2019, 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.
   § 6. Section 163-a of the labor law is REPEALED.
   § 7. The opening paragraph  of  paragraph  (a)  of  subdivision  6  of
 section  511  of the labor law, as amended by chapter 105 of the laws of
 2019, is amended to read as follows:
   The term "employment" [includes] DOES NOT INCLUDE  agricultural  labor
 UNLESS IT IS COVERED PURSUANT TO SECTION FIVE HUNDRED SIXTY-FOUR OF THIS
 ARTICLE.  The term "agricultural labor" includes all service performed:
   §  8.  Section  564  of the labor law, as amended and subdivision 3 as
 renumbered by chapter 105 of the laws of 2019, is  amended  to  read  as
 follows:
   §  564.  Agricultural labor [crew leaders].  1. COVERAGE. (A) NOTWITH-
 STANDING THE PROVISIONS OF SECTION FIVE HUNDRED SIXTY OF THIS TITLE,  AN
 EMPLOYER  OF  PERSONS  ENGAGED IN AGRICULTURAL LABOR SHALL BECOME LIABLE
 FOR CONTRIBUTIONS UNDER THIS ARTICLE IF THE EMPLOYER:
   (1) HAS PAID CASH REMUNERATION OF TWENTY THOUSAND DOLLARS OR  MORE  IN
 ANY CALENDAR QUARTER TO PERSONS EMPLOYED IN AGRICULTURAL LABOR, AND SUCH
 LIABILITY SHALL COMMENCE ON THE FIRST DAY OF SUCH QUARTER, OR
   (2)  HAS EMPLOYED IN AGRICULTURAL LABOR TEN OR MORE PERSONS ON EACH OF
 TWENTY DAYS DURING A CALENDAR YEAR OR THE PRECEDING CALENDAR YEAR,  EACH
 DAY  BEING IN A DIFFERENT CALENDAR WEEK, AND THE LIABILITY SHALL IN SUCH
 EVENT COMMENCE ON THE FIRST DAY OF THE CALENDAR YEAR, OR
   (3) IS LIABLE FOR THE TAX IMPOSED UNDER THE FEDERAL  UNEMPLOYMENT  TAX
 ACT AS AN EMPLOYER OF AGRICULTURAL LABOR AND THE LIABILITY SHALL IN SUCH
 EVENT COMMENCE ON THE FIRST DAY OF THE CALENDAR QUARTER IN SUCH CALENDAR
 YEAR  WHEN  SUCH EMPLOYER FIRST PAID REMUNERATION FOR AGRICULTURAL LABOR
 IN THIS STATE.
   (B) AN EMPLOYER WHO BECOMES LIABLE FOR CONTRIBUTIONS  UNDER  PARAGRAPH
 (A)  OF THIS SUBDIVISION SHALL CEASE TO BE LIABLE AS OF THE FIRST DAY OF
 A CALENDAR QUARTER NEXT FOLLOWING THE FILING OF  A  WRITTEN  APPLICATION
 PROVIDED THE COMMISSIONER FINDS THAT THE EMPLOYER:
   (1) HAS NOT PAID TO PERSONS EMPLOYED IN AGRICULTURAL LABOR CASH REMUN-
 ERATION  OF TWENTY THOUSAND DOLLARS OR MORE IN ANY OF THE EIGHT CALENDAR
 QUARTERS PRECEDING SUCH DAY, AND
 A. 6938                             3
 
   (2) HAS NOT EMPLOYED IN AGRICULTURAL LABOR TEN OR MORE PERSONS ON EACH
 OF TWENTY DAYS DURING THE CURRENT OR THE PRECEDING CALENDAR  YEAR,  EACH
 DAY BEING IN A DIFFERENT WEEK, AND
   (3)  IS  NOT LIABLE FOR THE TAX IMPOSED UNDER THE FEDERAL UNEMPLOYMENT
 TAX ACT AS AN EMPLOYER OF AGRICULTURAL LABOR.
   2. CREW LEADER. Whenever a person renders services as a  member  of  a
 crew  which is paid and furnished by the crew leader to perform services
 in agricultural labor for another employer, such other  employer  shall,
 for  the  purpose  of this article, be deemed to be the employer of such
 person, unless:
   [1.] (A) the crew leader holds a  valid  certificate  of  registration
 under  the  federal  farm  labor contractor registration act of nineteen
 hundred sixty-three or substantially all the members of the crew operate
 or maintain tractors, mechanized harvesting or [crop dusting]  CROPDUST-
 ING machinery or any other mechanized equipment which is provided by the
 crew leader, and
   [2.  Exclusion  from  coverage.  For purposes of this section the term
 "employment" shall not include services rendered by an individual who is
 admitted to the United States to perform agricultural labor pursuant  to
 8 USC 1188 if, at the time such services are rendered, they are excluded
 from  the  definition  of  employment  in section 3306(c) of the Federal
 Unemployment Tax Act.
   3.] (B) the crew leader is not an employee of such other employer  and
 has  not entered into a written agreement with such employer under which
 [he] SUCH CREW LEADER is designated as an employee.
   § 9. Paragraph (m) of subdivision 5  of  section  225  of  the  public
 health law, as amended by chapter 105 of the laws of 2019, is amended to
 read as follows:
   (m) require that application be made for a permit to operate a farm or
 food  processing  labor  camp as defined in the sanitary code; authorize
 appropriate officers or agencies to issue such a permit when the  appli-
 cant is in compliance with the established regulations; prescribe stand-
 ards  for  living  quarters  at  farm  and  food processing labor camps,
 including provisions for sanitary conditions; light,  air,  and  safety;
 protection from fire hazards; maintenance; and such other matters as may
 be  appropriate  for  security of life or health, provided however, that
 the  provisions  of  the  sanitary  code  established  pursuant  to  the
 provisions  hereof  shall  apply  to  all farm and food processing labor
 camps intended to house migrant workers and which are occupied  BY  FIVE
 OR  MORE  PERSONS.    In the preparation of such regulations, the public
 health and health planning council may request and shall receive techni-
 cal assistance from the board of standards  and  appeals  of  the  state
 department  of  labor and the state building code commission. Such regu-
 lation shall be enforced in the same manner as are other  provisions  of
 the sanitary code;
   §  10. Groups 14-a and 14-b of subdivision 1 of section 3 of the work-
 ers' compensation law, as amended by chapter 105 of the  laws  of  2019,
 are amended to read as follows:
   Group  14-a.  On  and after January first, nineteen hundred sixty-two,
 any other employment in a trade, business, or occupation carried  on  by
 the  employer  for  pecuniary  gain in which one or more employees OTHER
 THAN FARM LABORERS are employed.
   Group 14-b. Employment as a farm laborer as provided herein. A  farmer
 shall provide coverage under this chapter for all farm laborers EMPLOYED
 DURING  ANY  PART OF THE TWELVE CONSECUTIVE MONTHS BEGINNING APRIL FIRST
 OF ANY CALENDAR YEAR PRECEDED BY A  CALENDAR  YEAR  IN  WHICH  THE  CASH
 A. 6938                             4
 
 REMUNERATION PAID TO ALL FARM LABORERS AGGREGATED TWELVE HUNDRED DOLLARS
 OR MORE.
   § 11. Section 51 of the workers' compensation law, as amended by chap-
 ter 105 of the laws of 2019, is amended to read as follows:
   § 51. Posting of notice regarding compensation. Every employer who has
 complied with section fifty of this article shall post and maintain in a
 conspicuous  place or places in and about [his] THEIR place or places of
 business typewritten or printed [in English and Spanish] notices in form
 prescribed by the [chairman] CHAIR, stating  the  fact  that  [he]  SUCH
 EMPLOYER  has complied with all the rules and regulations of the [chair-
 man] CHAIR and the board and that [he has] THEY HAVE secured the payment
 of compensation to [his] THEIR employees and their dependents in accord-
 ance with the provisions of this  chapter,  but  failure  to  post  such
 notice  as [herein] provided IN THIS SECTION shall not in any way affect
 the exclusiveness of the remedy provided for by section eleven  of  this
 chapter.  Every  employer who owns or operates automotive or horse-drawn
 vehicles and has no minimum  staff  of  regular  employees  required  to
 report  for  work at an established place of business maintained by such
 employer and every employer who is engaged in  the  business  of  moving
 household  goods  or furniture shall post such notices in each and every
 vehicle owned or operated by [him] THEM.   Failure to post  or  maintain
 such  notice  in  any  of  said  vehicles  shall  constitute presumptive
 evidence that such employer has failed to secure the payment of  compen-
 sation. The [chairman] CHAIR may require any employer to furnish a writ-
 ten  statement  at any time showing the stock corporation, mutual corpo-
 ration or reciprocal insurer in which such employer is  insured  or  the
 manner  in  which  such employer has complied with any provision of this
 chapter. Failure for a period of ten days to furnish such written state-
 ment shall  constitute  presumptive  evidence  that  such  employer  has
 neglected  or  failed  in respect of any of the matters so required. Any
 employer who fails to comply with the provisions of this  section  shall
 be  required  to  pay  to  the  board a fine of [five hundred] UP TO TWO
 HUNDRED FIFTY dollars for each  violation,  in  addition  to  any  other
 penalties  imposed  by law to be deposited into the uninsured employers'
 fund.
   § 12. Section 110-b of the workers' compensation law is REPEALED.
   § 13. The opening paragraph of section 120  of  the  workers'  compen-
 sation law, as amended by chapter 105 of the laws of 2019, is amended to
 read as follows:
   It  shall be unlawful for any employer or [his or her] SUCH EMPLOYER'S
 duly authorized agent to discharge or  fail  to  reinstate  pursuant  to
 section  two  hundred  three-b  of  this chapter, or in any other manner
 discriminate against an employee as to [his  or  her]  THEIR  employment
 because  such  employee  has  claimed or attempted to claim compensation
 from such employer, [requested a claim form for injuries received in the
 course of employment,] or claimed or attempted  to  claim  any  benefits
 provided  under  this  chapter  or because [he or she] SUCH EMPLOYEE has
 testified or is about to testify in a proceeding under this chapter  and
 no other valid reason is shown to exist for such action by the employer.
   § 14. The opening paragraph of paragraph A of subdivision 6 of section
 201  of  the workers' compensation law, as amended by chapter 105 of the
 laws of 2019, is amended to read as follows:
   "Employment" means employment in any  trade,  business  or  occupation
 carried on by an employer, except that the following shall not be deemed
 employment  under  this  article:  services  performed  for the state, a
 municipal corporation, local governmental agency, other political subdi-
 A. 6938                             5

 vision or public authority; employment subject to the  federal  railroad
 unemployment  insurance  act;  service  performed on or as an officer or
 member of the crew of a vessel on the  navigable  water  of  the  United
 States  or  outside  the United States; SERVICE AS FARM LABORERS; casual
 employment and the first forty-five days of extra employment of  employ-
 ees  not  regularly  in employment as otherwise defined [herein] IN THIS
 SECTION; service as golf caddies; and service during all or any part  of
 the school year or regular vacation periods as a part-time worker of any
 person  actually  in regular attendance during the day time as a student
 in an elementary  or  secondary  school.  The  term  "employment"  shall
 include  domestic  or personal work in a private home. The term "employ-
 ment" shall not include the services of a licensed real estate broker or
 sales associate if it be proven that (a) substantially all of the remun-
 eration (whether or not paid in cash) for the services performed by such
 broker or sales associate is directly related to sales or  other  output
 (including  the  performance  of  services) rather than to the number of
 hours worked; (b) the services performed by the broker or sales  associ-
 ate  are  performed pursuant to a written contract executed between such
 broker or sales associate and the  person  for  whom  the  services  are
 performed  within the past twelve to fifteen months; and (c) the written
 contract provided for in subparagraph (b)  of  this  paragraph  was  not
 executed under duress and contains the following provisions:
   §  15.  The  opening  paragraph of subdivision 5 of section 651 of the
 labor law, as amended by chapter 391 of the laws of 2024, is amended  to
 read as follows:
   "Employee" includes any individual employed or permitted to work by an
 employer  in any occupation, but shall not include any individual who is
 employed or permitted to work: (a) on a casual basis  in  service  as  a
 part  time  baby  sitter in the home of the employer; (b) in a bona fide
 executive, administrative, or professional capacity; (c) as  an  outside
 salesman;  (d)  as  a  driver  engaged  in operating a taxicab; (e) as a
 volunteer, learner or apprentice by a corporation, unincorporated  asso-
 ciation,  community  chest,  fund  or  foundation organized and operated
 exclusively for religious, charitable or educational purposes,  no  part
 of the net earnings of which inures to the benefit of any private share-
 holder or individual; (f) as a member of a religious order, or as a duly
 ordained,  commissioned  or  licensed minister, priest or rabbi, or as a
 sexton, or as a christian science reader; (g) in or for such a religious
 or charitable institution, which work is incidental to or in return  for
 charitable  aid conferred upon such individual and not under any express
 contract of hire; (h) in or for such a religious, educational or  chari-
 table  institution if such individual is a student; (i) in or for such a
 religious, educational or charitable institution if the earning capacity
 of such individual is impaired by age or by physical or mental deficien-
 cy or injury; (j) in or for a summer camp or conference of such a  reli-
 gious,  educational  or  charitable  institution for not more than three
 months annually; (k) as a staff counselor in a children's camp;  (l)  in
 or for a college or university fraternity, sorority, student association
 or  faculty  association, no part of the net earnings of which inures to
 the benefit of any private  shareholder  or  individual,  and  which  is
 recognized  by  such  college  or  university,  if  such individual is a
 student; (m) by a federal, state or municipal  government  or  political
 subdivision  thereof;  (n) as a volunteer at a recreational or amusement
 event run by a business that operates  such  events,  provided  that  no
 single  such  event lasts longer than eight consecutive days and no more
 than one such event concerning substantially  the  same  subject  matter
 A. 6938                             6
 
 occurs  in  any  calendar year, where (1) any such volunteer shall be at
 least eighteen years of age, (2) a business seeking coverage under  this
 paragraph  shall notify every volunteer in writing, in language accepta-
 ble  to  the  commissioner,  that  by  volunteering  [his  or her] THEIR
 services, such volunteer is waiving [his or her] THEIR right to  receive
 the  minimum wage pursuant to this article, and (3) such notice shall be
 signed and dated by a representative of the business and  the  volunteer
 and  kept  on  file  by  the  business for thirty-six months; (o) in the
 delivery of newspapers or shopping news to the consumer by a person  who
 is not performing commercial goods transportation services for a commer-
 cial goods transportation contractor within the meaning of article twen-
 ty-five-C  of  this  chapter; [or] (p) having entered into a contract to
 play baseball at the minor league level and who is compensated  pursuant
 to  the  terms  of  a  collective  bargaining  agreement  that expressly
 provides for the wages, hours of work, and working conditions of employ-
 ees; OR (Q) IN LABOR ON A FARM. The exclusions from the term  "employee"
 contained  in this subdivision shall be as defined by regulations of the
 commissioner.
   § 16. Subdivision 1 of section 674 of the labor  law,  as  amended  by
 chapter 105 of the laws of 2019, is amended to read as follows:
   1. The commissioner may promulgate such regulations as [he deems] THEY
 DEEM  appropriate to carry out the purposes of this article and to safe-
 guard minimum wage standards. Such regulations may include, but are  not
 limited  to,  the  defining  of  the circumstances or conditions for the
 acceptance of non-hourly rates and piece  rates  as  equivalent  to  the
 minimum  hourly rates established by this article. Such regulations also
 may include, but are not limited to, waiting time and call-in pay rates;
 wage provisions governing guaranteed earnings during  specified  periods
 of  work;  allowances  for meals, lodging, and other items, services and
 facilities when furnished by the employer; AND THE EMPLOYMENT  OF  INDI-
 VIDUALS  WHOSE EARNING CAPACITY IS AFFECTED OR IMPAIRED BY YOUTH OR AGE,
 or by physical or mental deficiency or  injury,  under  special  certif-
 icates  issued by the commissioner, at such wages lower than the minimum
 wage established by this  article  and  for  such  period  as  shall  be
 prescribed in such regulations.
   §  17.  Subdivision  2  of section 701 of the labor law, as amended by
 chapter 105 of the laws of 2019, is amended to read as follows:
   2. [(a)] The term "employer" includes any person acting on  behalf  of
 or in the interest of an employer, directly or indirectly, with or with-
 out  [his]  THEIR  knowledge,  and  shall  include any person who is the
 purchaser of services performed by a person described in  paragraph  (b)
 of  subdivision  three  of this section, but a labor organization or any
 officer or agent thereof shall  only  be  considered  an  employer  with
 respect to individuals employed by such organization.
   [(b)  The  term  "employer"  includes agricultural employers. The term
 "agricultural employer" shall mean any employer engaged  in  cultivating
 the  soil  or in raising or harvesting any agricultural or horticultural
 commodity including custom harvesting operators, and  employers  engaged
 in the business of crops, livestock and livestock products as defined in
 section  three  hundred one of the agriculture and markets law, or other
 similar agricultural enterprises.]
   § 18. The closing paragraph  of  section  703  of  the  labor  law  is
 REPEALED.
   § 19. Section 704-b of the labor law is REPEALED.
   § 20. Subdivision 1-a of section 705 of the labor law is REPEALED.
   § 21. Section 702-b of the labor law is REPEALED.
 A. 6938                             7
 
   § 22. Section 674-a of the labor law is REPEALED.
   §  23. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or part of this act shall be adjudged by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  24.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after January 1, 2022.