The New York farm labor laws are found in NY CLS Labor §§ 212 through 212-d, NY CLS Labor §§ 670 through 683, and NY CLS Pub Health §§ 1330.
The statutes provide that no person shall operate a farm labor camp commissary, or cause or allow the operation of a farm labor camp commissary, without a permit from the commissioner to do so, and unless such permit is in full force and effect. Application for such permit shall be made on a form prescribed by the commissioner and shall be accompanied by a non-refundable fee of [fig 1] forty dollars. A permit to operate a farm labor camp commissary must be conspiciously posted in the commissary. The permit may not be transferred or assigned, and shall run for a period not to exceed twelve months, which period shall end on the thirty-first day of March, unless sooner revoked by the commissioner. The permit may be renewed each year upon the filing of an application for renewal on a form prescribed by the commissioner. A permit-holder shall post, and keep posted, in a conspicuous place in the commissary, the current prices of all goods sold or leased, and the prices charged shall not exceed the prices listed on the poster. The commissioner may refuse, revoke, or suspend a permit when s/he finds that:
(a) the applicant or permit-holder has violated any of the provisions of this chapter or of the penal law, or has been convicted of any crime or offense, except traffic violations, or is not a person of good character or responsibility; or
(b) the applicant or permit-holder has made any misrepresentation or false statements in his/her application for a permit.
The commissioner shall not refuse, revoke, or suspend a permit unless the applicant or permit-holder, upon due notice, has been given an opportunity to be heard; provided however, that pending the determination of such hearing, the commissioner may temporarily suspend a registration if, in his/her opinion, its suspension for such period is necessary to effectuate the purposes of the section. The commissioner may promulgate rules and regulations necessary to carry out the provisions of this section[i].
Pursuant to NY CLS Labor § 212-d, every grower or processor who employs or uses paid farm hand workers, farm field workers or farm food processing workers, whether or not s/he uses the services of a farm labor contractor, shall, at his or her own expense, provide or make available to such workers toilet and hand washing facilities, including transportation to such facilities. Where five or more paid farm hand workers, farm field workers, or farm food processing workers are employed in one location at the same time, at least one toilet and hand washing facility shall be provided at such location for every twenty workers or fraction thereof. Toilet and hand washing, units shall be located together. Such facilities shall be located within a one-quarter mile walk of most hand-laborers or at the closest point that may be accessible by motor vehicle. Where more than twenty paid farm hand workers, farm field workers, or farm food processing workers are employed in one location at the same time and fifty or more percent of such workers are women, one toilet shall be designated with appropriate signs for men and one toilet designated with appropriate signs for women. Toilet and hand washing units shall be located together. Such facilities shall be located within a one-quarter mile walk of most hand-laborers. When compliance with the provisions of subdivisions one, two and three of this section is not practicable because of physical or terrain conditions, such toilet and hand washing facilities shall be located at the closest point that may be accessible by motor vehicle. Any violation of this section, shall be a misdemeanor punishable by a fine of not less than five hundred dollars, nor more than one thousand dollars, or up to thirty days imprisonment, or both such fine and imprisonment. Any second or subsequent offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars, nor more than three thousand dollars, or up to sixty days imprisonment, or both fine and imprisonment.
The legislature of the state of New York declares that it is the public policy of the state and the purpose of this act that minimum wage standards shall apply to farm workers, so as to eliminate as rapidly as practicable the employment of farm workers at wages insufficient to provide adequate maintenance and protection of health, without substantially curtailing opportunities for employment or earning power. The legislature hereby finds that the establishment of minimum wage standards for farm laborers involves distinct and unusual problems; that the agricultural labor force is made up of regular all-year workers as well as short-term seasonal workers; that although some workers are paid on an hourly basis, many are paid on a piecework, weekly, monthly, or other basis; and that the agricultural industry is particularly affected by weather and market conditions and by perishability of products. Accordingly, the legislature further declares that it is the purpose of this act to provide a flexible approach with full consideration of the unusual problems involved[ii].
NY CLS Labor § 673 provides that every employer shall pay to each of its employees for each hour worked a wage of not less than [fig 1] the wage established pursuant to subdivision one of section six hundred fifty-two of this chapter, or such other wage as may be established in accordance with the provisions of this article. The minimum wage order in effect on the effective date of this act shall remain in full force and effect, except as modified in accordance with the provisions of this article. Notwithstanding the provisions of any general, special or local law, rule or regulation to the contrary, for the purpose of notifying each employee, in writing, of the conditions of employment every employer shall utilize the farm work agreement prescribed by the commissioner[iii].
The commissioner may promulgate such regulations as s/he deems appropriate to carry out the purposes of this article and to safeguard 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 individuals whose earning capacity is affected or impaired by youth or age, or by physical or mental deficiency or injury, under special certificates 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[iv].
Pursuant to NY CLS Pub Health § 1330, when it appears to an officer that there has been a violation of the public health law or sanitary code at or in relation to any labor camp and such violation continues two days after written notice and demand for the discontinuance thereof, served as provided herein, s/he shall proceed pursuant to subdivision two or three of this section with respect to such violation. An officer may institute proceedings to enjoin the continuance of such violation or the continued operation of such camp and, for purposes of such proceedings, a violation of any provision of the public health law or of the sanitary code shall be considered a public nuisance which may be enjoined or restrained. No bond or undertaking shall be required of such officer in such proceedings and no application to vacate or modify any judgment obtained shall be entertained by any court without proof to such court that ten days notice of such application, and copies of the papers upon which the application is to be made, have been served upon such officer. A hearing may be held, upon notice of not less than three days, before an officer or his representative. The officer shall make a determination with respect to any alleged violation and may assess a penalty not to exceed one hundred dollars for each violation, provided that (i) if the respondent establishes that a violation which existed prior to the service of the notice of hearing ceased to exist on or prior to the date originally set for the hearing and has not reoccurred, then any penalty assessed for such violation shall be suspended on the condition that it will not reoccur during the next twenty-four months or (ii) for initial violations only which do not involve a serious and immediate risk to health or safety, if, prior to the date originally set for the hearing, an application for a loan for a farm worker housing project is made pursuant to section five hundred seventy-six-d of the private housing finance law and a satisfactory plan for curing the conditions giving rise to the violation is submitted to and approved by the department, then any penalty assessed may be vacated if such violation is cured within a reasonable period of time. In assessing a penalty hereunder, consideration shall be given to good faith efforts to cure the violation made on or prior to the date originally set for the hearing. A violation which continues for more than one day after the expiration of the two days for compliance provided for in subdivision one shall be considered to be a separate violation for each day that it continues after such notice and demand for discontinuance have been served. The notice of hearing also may provide that the labor camp may be ordered vacated if such an order is determined to be necessary for the health and safety of its occupants or of the community in which it is located. If the notice of hearing contains this provision and such an order is determined to be necessary, then the officer shall issue such order. The hearing officer acting pursuant to this subdivision may issue subpoenas which shall be regulated by the civil practice law and rules.
Before the effective date of an order or judgment enjoining the continued operation of a camp pursuant to subdivision two or of an order directing the vacating of such camp pursuant to subdivision three, the officer shall notify the county agricultural agent, the representative of the nearest office of the state employment service, and the county social services commissioner. A notice required by this section may be served upon the owner or operator of the camp in the same manner as a summons in a civil action, or by registered mail to such owner or operator at the address filed by him/her in the department or county health department or, if an address is not so filed, to his last known address or place of residence. An officer may request and shall receive from all public officers, departments and agencies of the state and its political subdivisions such cooperation and assistance as may be necessary or proper in the enforcement of the provisions of this section. Nothing contained in this section shall be construed to limit the duty or power of an officer to act with regard to an immediate threat to the health of the occupants of a camp or the community in which it is located, or to alter or abridge any of the duties and powers now or hereafter existing in the commissioner, state district health officers, county boards of health, county commissioners of health, local boards of health or other public agencies or public officials, or any private party.
[i] NY CLS Labor § 212-b.
[ii] NY CLS Labor § 670.
[iii] NY CLS Labor § 673-a.
[iv] NY CLS Labor § 674.
