reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 194 - Pay Equity › Subpart 1 - General Provisions › Section 194-1.3 - Employer Imposed Limitations on the Inquiry, Discussion, and Disclosure of Wages

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may, in a written policy provided to an
						employee either electronically, through publicly available posting, or by paper
						copy, place reasonable limitations on the time, place and manner that an
						employee may inquire about, discuss, or disclose wages. Such limitations must
						be justified without reference to the content of the regulated speech, narrowly
						tailored to serve a significant interest, and leave open ample alternative
						channels for the communication of information. An employer shall not impose
						restrictions on employees in such a way that unreason ably or effectively
						precludes or prevents inquiry, discussion, or disclosure of wages at the
						worksite and/or during work hours, directly or in practice. An employer may
						prohibit an employee from discussing or disclosing the wages of another
						employee unless the other employee provide s verbal or written permission,
						either directly or indirectly. An employer may also limit an employee who has
						access to wage information of other employees as part of that employee's
						essential job functions as set for th in Section 194 (4)(d)  of the Labor Law.
						An employer may not avail itself to the affirmative defense contained in
						Section 194 (4)(c)  of the Labor Law,
						unless the employer can demonstrate that the written policy was provided to the
						relevant employee(s) in accordance with this Part. The employer must maintain
						copies of its written policies during the period of the applicability and for
						six years following such period.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 194 - Pay Equity › Subpart 1 - General Provisions › Section 194-1.4 - Federal and State Law

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall not be construed to
						diminish or waive any rights or obligations of any employee pursuant to any
						other law, regulation, or collective bargaining agreement.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 194 - Pay Equity › Subpart 1 - General Provisions › Section 194-1.5 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof
						to any person or circumstance is held invalid, such invalidity shall not affect
						other provisions or applications of this Part which can be given effect without
						the invalid provisions or applications. To this end, the provisions of this
						Part are declared to be severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-1 - Purposes And Scope › Section 195-1.1 - Purpose of part

Current through Register Vol. 46, No. 28, July 10, 2024
To establish provisions governing authorized deductions
						for the benefit of employees, for the recovery of overpayments due to clerical
						or mathematical errors, and for repayment of advances.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-1 - Purposes And Scope › Section 195-1.2 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This regulation
					 shall apply to all employers and each of their employees, where the term
					 employer includes any person, corporation, limited liability company, or
					 association employing any individual in any occupation, trade, business or
					 service, but not governmental agencies, and where the term employee means any
					 person employed for hire by an employer in any employment.
(b) Nothing herein shall justify
					 noncompliance with article 3-A of the Personal Property Law relating to
					 assignment of earnings, nor with section 221  of
					 the Labor Law relating to company stores or with any other law applicable to
					 deductions from wages.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-2 - Prohibited Practices › Section 195-2.1 - Prohibited practices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wage
					 deductions. No employer shall make any deductions from wages except those that
					 fall within the following four categories:
(1) any deductions made in accordance with
					 any law, rule or regulation issued by any governmental agency;
(2) deductions specified by, or similar to
					 those specified by, section 193  of the Labor Law, authorized by, and for
					 the benefit of, the employee;
(3)
					 deductions for the recovery of overpayments made in accordance with this Part;
					 and
(4) deductions for the
					 repayment of wage advances made in accordance with this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-2 - Prohibited Practices › Section 195-2.2 - Company stores

Current through Register Vol. 46, No. 28, July 10, 2024
No person engaged in construction of public work under
						contract with the State or with any municipal corporation either as a
						contractor or subcontractor shall, directly or indirectly, conduct what is
						commonly known as a company store if there is any store selling supplies within
						two miles of the place where such contract is being executed. Charges for
						groceries, provisions, board, lodging or clothing shall not be a valid off-set
						in behalf of the employer against wages.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-3 - Deductions In Accordance With Law › Section 195-3.1 - Deductions in accordance with law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employers may make any deductions from
					 wages that are in accordance with laws, rules, or regulations issued by any
					 governmental agency. Such deductions include, but are not limited to,
					 deductions for recovery of overpayments; for repayment of salary advances, and
					 for pre-tax contribution plans approved by the IRS; wage garnishments and
					 levies for child support and taxes, which may be involuntary as long as they
					 are made in accordance with the statutes and regulations authorizing
					 them.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-4 - Authorized Deductions For The Benefit Of The Employee › Section 195-4.1 - Authorized deductions for the benefit of the employee

Current through Register Vol. 46, No. 28, July 10, 2024
Labor Law section 193(1)(b) allows for certain deductions
						from wages that are authorized by, and for the benefit of, the employee. Those
						deductions are limited to the ones that are specifically listed in the statute,
						and to "similar payments for the benefit of the employee."
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-4 - Authorized Deductions For The Benefit Of The Employee › Section 195-4.2 - Authorized by the employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 deduction shall be authorized if it is agreed to in a collective bargaining
					 agreement between the representative of the employee and the employer or by a
					 written agreement between the employer and the employees that is express,
					 written, voluntary, and informed. An authorization is informed when the
					 employee is provided with written notice of all terms and conditions of the
					 deduction, its benefit and the details of the manner in which deductions shall
					 be made. Such written notice shall be provided prior to the execution of the
					 initial authorization and prior to a deduction being made, any change in the
					 amount of a deduction, or a substantial change in the benefits of a deduction.
					 A substantial change in the benefits includes, but is not limited to, any
					 reduction in the benefit received for the deduction or the details in the
					 manner in which deductions shall be made. The employee, or a person selected by
					 the employee, shall be given an opportunity to review such materials, however
					 the employer is not required to pay or provide the means for such review. When
					 the amount of a deduction increases, such increase shall be presumed to be
					 substantial for purposes of this notice requirement. A single written
					 authorization containing more than one deduction is permissible as long as all
					 the required information is provided. For the purpose of calculating the time
					 frames in this regulation, any reference to days shall mean calendar days, not
					 business days. Any reference to a week shall mean seven consecutive
					 days.
(b) Where the nature of the
					 deduction may fluctuate based upon the purchase, such as meals at a cafeteria
					 or merchandise purchased at a gift shop, the notice may provide for deductions
					 in a range where the lowest and highest amount that may be deducted are set
					 forth in the notice. Any deduction made within the range shall not be
					 considered changed or increased deduction requiring additional notice and
					 authorization.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-4 - Authorized Deductions For The Benefit Of The Employee › Section 195-4.3 - For the benefit of the employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Deductions shall be for the benefit of
					 the employee when the deduction is for one of the items expressly listed in
					 section 193 (1)(b)  of Labor Law.
					 More generally, deductions are for the benefit of the employee when they
					 provide financial or other support for the employee, the employee's family, or
					 a charitable organization. Such support shall be limited to the following
					 categories: health and welfare benefits; pensions and retirement benefits;
					 child care and educational benefits; charitable benefits; dues and assessments;
					 transportation; and food and lodging.
(b) Convenience is not a benefit. Each wage
					 deduction may provide some level of convenience to employees in facilitating
					 payments, but convenience itself is not a recognized benefit for purposes of
					 determining whether any given deduction is for the benefit of the employee. For
					 example, an employer who offers to cash an employee's paycheck may not deduct a
					 fee for providing that service because the convenience of having the paycheck
					 cashed by the employer does not provide any benefit to the employee, but only
					 ease in cashing his or her paycheck.
(c) Every deduction may provide some
					 generalized indirect benefit to employers by helping to attract and maintain a
					 stable and productive workforce. However, deductions that result in financial
					 gain to the employer at the expense of the employee call into question whether
					 the deduction provides a benefit to the employee. Employers are not precluded
					 from making deductions in all cases where there is a benefit to the employer.
					 Employers may make deductions for the sale of their own goods and services to
					 their employees at a discounted rate as long as the deduction is in compliance
					 with section 193  of the Labor Law and this Part.
					 Similarly, where employees are provided the direct benefit of a reduced price
					 for goods or services from an outside vendor, the employer is not precluded
					 from availing themselves of the same benefit of the reduced priced goods or
					 services. Nothing herein shall be construed as permitting an employer to
					 receive a direct payment from an outside vendor as part of the sale of goods
					 and services to the employees except for deductions made pursuant to section 193 (1)(b)(iv)  of the Labor
					 Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-4 - Authorized Deductions For The Benefit Of The Employee › Section 195-4.4 - Listed and similar payments

Current through Register Vol. 46, No. 28, July 10, 2024
Deductions that are authorized by, and for the benefit
						of, the employee are only allowed for payments that are specifically listed in
						section 193 (1)(b)  of the Labor Law,
						and for "similar payments for the benefit of the employee." Payments that are
						for the benefit of the employee and not otherwise prohibited will be allowed as
						"similar" if they fall within one of the categories of benefits below. The
						examples provided within each benefit category are not exclusive.
(a) Health and welfare benefits. The
					 specifically listed deductions in this benefit category are: payments that are
					 made for health and welfare benefits; insurance premiums and prepaid legal
					 plans; fitness center, health club, and/or gym membership dues; pharmacy
					 purchases made at the employer's place of business; day care, before-school and
					 after-school care expenses; and tuition, room, board, and fees for pre-school,
					 nursery, primary, secondary, and/or post-secondary educational
					 institutions.
(b) Pension and
					 savings benefits. The specifically listed deductions in this benefit category
					 are: payments that are made for pension benefits and United States
					 bonds.
(c) Charitable benefits. The
					 specifically listed deductions in this benefit category are: payments that are
					 made for contributions to a bona fide charitable organization; and purchases
					 made at events sponsored by a bona fide charitable organization affiliated with
					 the employer where at least 20 percent of the profits from such event are being
					 contributed to a bona fide charitable organization.
(d) Representational benefits. The
					 specifically listed deductions in this benefit category are: payments that are
					 made for dues or assessments to a labor organization.
(e) Transportation benefits. The specifically
					 listed deductions in this benefit category are: payments that are made for
					 discounted parking or discounted passes, tokens, fare cards, vouchers, or other
					 items that entitle the employee to use mass transit.
(f) Food and lodging benefits. The
					 specifically listed deductions in this benefit category are: payments that are
					 made for cafeteria and vending machine purchases made at the employer's place
					 of business; housing provided at no more than market rates by non-profit
					 hospitals or affiliates thereof; and purchases made at gift shops operated by
					 the employer, only where the employer is a hospital, college, or
					 university.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-4 - Authorized Deductions For The Benefit Of The Employee › Section 195-4.5 - Prohibited deductions

Current through Register Vol. 46, No. 28, July 10, 2024
Deductions that are not similar to those listed in the
						statute and above include, but are not limited to, the following:
(a) repayments of loans, advances, and
					 overpayments, that are not in accordance with Subpart 195-5 of this
					 Part;
(b) employee purchases of
					 tools, equipment and attire required for work;
(c) recoupment of unauthorized
					 expenses;
(d) repayment of employer
					 losses, including for spoilage and breakage, cash shortages, and fines or
					 penalties incurred by the employer through the conduct of the
					 employee;
(e) fines or penalties
					 for tardiness, excessive leave, misconduct, quitting without notice;
(f) contributions to political action
					 committees, campaigns and similar payments;
(g) fees, interest or the employer's
					 administrative costs.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-5 - Deductions For Advances And Overpayments › Section 195-5.1 - Deductions for overpayments

Current through Register Vol. 46, No. 28, July 10, 2024
Section 193, subdivision 1(c), of the New York State
						Labor Law permits an employer to make deductions from an employee's wages for
						"an overpayment of wages where such overpayment is due to a mathematical or
						other clerical error by the employer." Such deductions are only permitted as
						follows:
(a) Timing and duration. The
					 employer may only recover such overpayments as were made in the eight weeks
					 prior to the issuance of the notice described in subdivision (e) of this
					 section. The employer may make deductions to recover overpayments for a period
					 of six years from the original overpayment.
(b) Frequency. The employer shall recover
					 overpayments by wage deduction no more frequently than once per wage payment,
					 provided that such deduction complies with this Part.
(c) Method of recovery. Overpayments may be
					 recovered through wage deduction or by separate transaction, as long as the
					 procedures of subdivisions (a) and (d) through (i) of this section are
					 followed. For purposes of this section, payments referenced as wage deductions
					 shall include separate transactions.
(d) Limitations on the periodic amount of
					 recovery. An employer may recover overpayments by deducting the amount of the
					 overpayment from the employee's wages if the deduction complies with any final
					 determination made in accordance with the procedures required pursuant to
					 subdivision (g) of this section, and as follows:
(1) In such cases where the entire
					 overpayment is less than or equal to the net wages earned after other
					 permissible deductions in the next wage payment, the employer may recover the
					 entire amount of such overpayment in that next wage payment.
(2) Where the recovery of an overpayment
					 exceeds the net wages after other permissible deductions in the immediately
					 subsequent wage payment, the recovery may not exceed 12.5 percent of the gross
					 wages earned in that wage payment nor shall such deduction reduce the effective
					 hourly wage below the statutory State minimum hourly wage.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 195 - Deductions From Wages › Subpart 195-5 - Deductions For Advances And Overpayments › Section 195-5.3 - Authorization and notification

Current through Register Vol. 46, No. 28, July 10, 2024
Any authorizations, notices, responses, replies or
						determinations required to be given under this Part may be given in writing or
						through email or other electronic means. Statements given to an employee shall
						use ordinary language readily understood and shall appear in a font size no
						smaller than a 12-point font. The employer shall keep a record of any such
						authorization for at least six years after such employee's employment
						ends.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 196 - Sick Leave › Section 196-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This part establishes rules and regulations for Sick Leave
					 as set forth by Section 196-b  of the Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 196 - Sick Leave › Section 196-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms shall have the following meanings for
					 the purposes of Labor Law 196-b and this Part:
(a) Confidential Information means
				  individually identifiable health or mental health information, including but
				  not limited to, diagnosis and treatment records from emergency services, health
				  providers, or drug and alcohol abuse prevention or rehabilitation centers.
				  Confidential information also means information that is treated as confidential
				  or for which disclosure is prohibited under another applicable law, rule, or
				  regulation.
(b) Domestic Partner
				  shall have the same meaning as Domestic Partner, as set forth in section
				  2961(6-a) of the New York Public Health Law.
(c) Family Offense includes any offense
				  enumerated in section 812(1) of the New York Family Court Act, where such acts
				  are between current and former members of the same family or household, as
				  defined therein.
(d) Human
				  Trafficking means an act or threat of an act that may constitute sex
				  trafficking, as defined in section 230.34  of the Penal Law, or labor
				  trafficking, as defined in section 135.35 and 135.36  of the Penal
				  Law.
(e) Mental Illness shall have
				  the same meaning as mental illness, as set forth in section 1.03(20) of the New
				  York Mental Hygiene law.
(f) Net
				  Income shall have the same meaning as entire net income, as set forth in
				  section 208(9) of the New York Tax Law.
(g) Preventative Medical Care means routine
				  health care including but not limited to screenings, checkups, and patient
				  counseling to prevent illnesses, disease, or other health problems.
(h) Sexual Offense means any act, or threat
				  of an act, specified within Article 130 of the New York State Penal
				  Law.
(i) Stalking means any act, or
				  threat of an act, that constitutes the crime of stalking as defined by Article
				  120 of the New York State Penal Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 196 - Sick Leave › Section 196-1.3 - Documentation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer may
				  not require medical or other verification in connection with sick leave that
				  lasts less than three consecutive previously scheduled workdays or
				  shifts.
(b) No employer shall
				  require an employee to pay any costs or fees associated with obtaining medical
				  or other verification of eligibility for use of sick leave.
(c) No employer shall require an employee to
				  provide confidential information, including the nature of an illness, its
				  prognosis, treatment, or other related information, nor shall any employer
				  require any details or information regarding leave taken pursuant to Section 196-b (4)(a)(iii)  of the Labor Law (otherwise known as safe leave). An employer
				  may not require that the attestation explain the nature of the illness or
				  details related to domestic violence, sexual offense, family offense, human
				  trafficking, or stalking that necessitates the use of safe leave.
(d) Except where prohibited by law, an
				  employer may request documentation from an employee confirming their
				  eligibility to take sick leave under Section 196-b  of the Labor Law where the
				  employee uses leave for three or more consecutive and previously scheduled
				  workdays or shifts. An employer cannot require an employee or the person
				  providing documentation, including medical professionals, to disclose the
				  reason for leave, except as required by law. Requests for documentation shall
				  be limited to the following:
(1) An
				  attestation from a licensed medical provider supporting the existence of a need
				  for sick leave, the amount of leave needed, and a date that the employee may
				  return to work, or
(2) An
				  attestation from an employee of their eligibility to leave.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 196 - Sick Leave › Section 196-1.4 - Employee Counts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				  purposes of Section 196-b, the number of employees employed by an employer
				  during a calendar year shall be determined by counting the highest total number
				  of employees concurrently employed at any point during the calendar year to
				  date.
(1) For employers that increase the
				  number of employees during a calendar year above any threshold contained in
				  Section 196-b(1):
(i) The accrual of
				  additional required leave up to the entitlement amount in Section 196-b(1)
				  shall be prospective from the date of such increase and shall not entitle
				  employees to reimbursement for previously used unpaid leave or to use more than
				  the maximum amount of leave set by the employer in accordance with Section
				  196-b(6).
(ii) Prior accruals of
				  used and unused paid leave and used unpaid leave in a calendar year may be
				  credited by an employer toward any increased paid leave obligations under
				  Section 196-b. Employers may not credit any prior accrual of unused unpaid
				  leave toward any paid leave obligations.
(iii) Employees shall retain all existing
				  accruals of paid and unpaid leave notwithstanding an increase in the number of
				  employees during a calendar year.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 196 - Sick Leave › Section 196-1.5 - Accruals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employee
				  accruals of leave must account for all time worked, regardless of whether time
				  worked is less than a 30-hour increment.
(b) For the purposes of calculating accruals
				  for time worked in increments of less than 30 hours, employers may round
				  accrued leave to the nearest 5 minutes, or to the nearest one-tenth or quarter
				  of an hour, provided that it will not result, over a period of time, in a
				  failure to provide the proper accrual of leave to employees for all the time
				  they have actually worked.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures for approval by the
					 Industrial Commissioner of applications for farm labor contractor certificates,
					 migrant labor certificates and farm labor camp commissary permits. It contains
					 standards for notifying members of farm labor crews of the conditions of their
					 employment, and patrons of farm labor camp commissaries of the permitted
					 charges for items for sale or lease in the commissary. This Part also
					 establishes procedures for revocation or denial of certificates and
					 permits.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Commissioner means the Industrial
				  Commissioner of the State of New York.
(b) Farm labor contractor includes:
(1) any person who, for a fee, recruits,
				  transports, supplies or hires farm or food processing workers to work for, or
				  under the direction, supervision or control of, a third person; or
(2) any person who recruits, transports,
				  supplies or hires farm or food processing workers and who, for a fee, directs,
				  supervises or controls all or any part of the work of such workers.
The term farm labor contractor shall not include an
					 employment agency licensed in accordance with the provisions of article 11 of
					 the General Business Law. The term farm labor contractor shall not include a
					 person who is a grower or processor, as defined in this section, who recruits
					 or hires workers for work on his farm or in his plant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.3 - Applications for permits and certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for farm labor contractor
				  certificate of registration. No person shall act as a farm labor contractor
				  unless he holds a valid certificate of registration issued by the commissioner.
				  Any individual seeking to obtain a farm labor contractor certificate of
				  registration shall submit an application on a form prescribed by the
				  commissioner. The application shall be filed with the Industrial Commissioner,
				  or the designee of the Industrial Commissoner at Building 12, State Office
				  Building Campus, Albany, New York 12240. Each application for a farm labor
				  contractor certificate of registration shall be accompanied by completed
				  fingerprint cards supplied by the commissioner.
(b) Application for permit to operate a farm
				  labor camp commissary. No person shall operate a farm labor camp commissary, or
				  cause or allow the operation of a farm labor camp commissary, without a valid
				  permit from the Industrial Commissioner. Any individual seeking to obtain a
				  permit to operate a farm labor camp commissary shall submit an application on a
				  form prescribed by the commissioner. The application shall be filed with the
				  Industrial Commissioner, or the designee of the Industrial Commissoner at
				  Building 12, State Office Building Campus, Albany, New York 12240.
(c) Application for migrant labor
				  registration certificate. Every grower or processor who, without utilizing the
				  services of a farm labor contractor, brings into the State or is responsible
				  for bringing into the State five or more out-of-State migrant farm or food
				  processing workers shall in each instance, prior to the importation of such
				  workers, obtain a certificate of registration issued by the commissioner.
				  Application shall be made on a form prescribed by the commissioner. The
				  application shall be filed with the Industrial Commissioner, or the designee of
				  the Industrial Commissioner, at Building 12, State Office Building Campus,
				  Albany, New York 12240.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.4 - Issuance, denial and revocation of permits and certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Based on information contained in the
				  application and on the results of investigation and hearing, if a hearing is
				  held, the commissioner shall issue or deny an application for a farm labor
				  contractor certificate, a farm labor camp commissary permit, or a migrant labor
				  certificate.
(b) The commissioner
				  may revoke, suspend or refuse to issue or renew a certificate or permit:
(1) if he finds that the applicant or permit
				  or certificate holder has violated the Labor Law, or has been convicted of any
				  crime or offense related to his activity under the certificate or permit, or
				  involves an unreasonable risk to the safety or welfare of employees or the
				  public, or has made misrepresentations or false statements in his application,
				  or has given false or misleading information to workers who are recruited or
				  hired, or is not a person of good character or responsibility, or is not in
				  fact the real party in interest in any such application or certificate of
				  registration;
(2) upon notification
				  by the State Department of Health that the applicant or permit or certificate
				  holder has failed to comply with the State sanitary code for migrant labor
				  camps (10 NYCRR Part 15).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.5 - Five-day supplemental application

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision in this Part, a grower
					 or processor may utilize the services of a registered farm labor contractor for
					 not more than five days, provided that within 24 hours after the beginning of
					 such utilization he countersigns the application supplied by the commissioner
					 for such farm labor contractor and immediately thereafter transmits said
					 application to the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.6 - Permit to operate farm labor camp commissary

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit to operate a farm labor camp
				  commissary must be conspicuously posted in the commissary.
(b) A permit holder shall also post and keep
				  posted in a conspicuous place in the commissary, on a form supplied by the
				  commissioner, the current prices of all goods sold or leased, and the prices
				  charged shall not exceed the prices listed on the poster.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.7 - Possession of certificates

Current through Register Vol. 46, No. 28, July 10, 2024
A certificate holder shall keep the certificate of
					 registration in his immediate possession, and shall display the certificate
					 upon the request of the commissioner or his duly authorized
					 representative.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.8 - Copies of approved certificate applications

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of approved applications for farm labor contractor
					 certificates of registration and migrant labor registration certificates, or
					 summaries thereof, shall be supplied to the registrant by the Industrial
					 Commissioner. The registrant shall give a copy to each worker, preferably at
					 the time of recruitment, but in no event later than the time of arrival in this
					 State if the worker comes from outside of the State, or the time of
					 commencement of work if the worker does not come from outside of the State. A
					 copy shall also be kept posted at all times in a conspicuous place in any camp
					 in which such workers are housed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.9 - Payroll records, wage statement and commissary record requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every farm
				  labor contractor and every grower or processor who does not utilize the
				  services of a farm labor contractor shall keep payroll records, for each
				  worker, of wage rates, wages earned, number of hours worked and, if the worker
				  is paid on a piecework basis, the number of units produced, all withholding
				  from wages, and the net wages paid. Every farm labor contractor and every
				  grower or processor who does not utilize the services of a farm labor
				  contractor shall give to each worker, with every payment of wages, a written
				  statement showing the worker's wage rate, wages earned, number of hours worked
				  and, if the worker is paid on a piecework basis, the number of units produced,
				  all withholdings from wages, and the net wages paid. If a farm labor contractor
				  fails to comply with the provisions of this section, the commissioner shall
				  notify the grower or processor who utilizes the services of such farm labor
				  contractor, and responsibility for compliance shall thereafter be imposed on
				  such grower or processor with the same force and effect as though the grower or
				  processor were primarily responsible for compliance.
(b) Every commissary operator shall maintain
				  a listing of the charges made by the commissary operator to each farm worker.
				  The records shall show the charges for meals and lodging provided to the worker
				  by the commissary operator and deductions made from the wages of the worker for
				  the benefit of the commissary operator. The records shall list the name of the
				  grower or processor by whom the worker was employed.
(c) Such payroll records and commissary
				  records shall be kept in the manner prescribed by the commissioner, and shall
				  be available for inspection by the commissioner or his duly authorized
				  representative at any reasonable time. The records shall be maintained for a
				  period of at least three years.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.10 - Interview of workers

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or his duly authorized representative may
					 interview farm or food processing workers at any reasonable time and at any
					 location where work is being performed, or will be performed, or where a farm
					 labor camp or farm labor camp commissary is maintained.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter I - Certification For Recruitment And Employment Of Farm Workers › Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits › Section 197.11 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Where it appears that, pursuant to the provisions of
					 section
					 197.4 
					 of this Part, sufficient cause exists for the denial of any application for,
					 the revocation or suspension of, or refusal to renew any permit or certificate
					 covered by this Part, the commissioner shall send a notice to the applicant or
					 permit or certificate holder stating the proposed adverse action to be taken,
					 the ground or grounds on which such action is based, and that the
					 commissioner's proposed action shall become final unless, within 10 calendar
					 days of the receipt of the notice, the party who may be aggrieved by the
					 proposed action files with the commissioner a written request for a hearing.
					 Reasonable notice of the hearing, containing the date, time, place and purpose
					 of the hearing, shall be given by registered or certified mail to all parties
					 to the hearing. The hearing shall be conducted by an employee of the Department
					 of Labor designated by the commissioner to be the hearing officer, who shall
					 not be bound by statutory rules of evidence or by technical or formal rules of
					 procedure. A record shall be made of the sworn testimony. Every party to the
					 proceeding shall have the right to counsel and a full opportunity to be heard,
					 including such cross-examination as may be appropriate in the circumstances.
					 The hearing officer, as soon after conclusion of the hearing as is possible, on
					 the basis of the record made in the proceeding, shall submit his report and
					 recommendation to the commissioner, who shall thereafter issue his order and
					 determination promptly.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter III - Bureau Of Public Work › Part 220 - Supplements; Effective Dates Of Annual Determinations; Rest Periods › Section 220.1 - Definition of supplements

Current through Register Vol. 46, No. 28, July 10, 2024
Supplements, as defined in subdivision 5(b) of section 220  of the Labor Law, may include, but are
				  not necessarily limited to, medical, dental or hospital care, pensions on
				  retirement or death, compensation for injuries or illness resulting from
				  occupational activity, or insurance to provide any of the foregoing,
				  unemployment benefits, life insurance, disability and sickness insurance,
				  accident insurance, vacation and holiday pay, costs of apprenticeship or
				  training or other similar programs, but only where the contractor or
				  subcontractor is not required by other Federal, State or local law to provide
				  such benefits.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter III - Bureau Of Public Work › Part 220 - Supplements; Effective Dates Of Annual Determinations; Rest Periods › Section 220.2 - Contribution and computation of supplements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of subdivision 3 of section 220  of the Labor Law, supplements shall
				include the amount of:
(1) any contribution
				irrevocably made by a contractor or subcontractor on behalf of laborers,
				workers and mechanics to a fund, plan or program to provide supplements;
				and
(2) the cost to the contractor
				or subcontractor which is actually incurred in providing supplements not
				covered by paragraph (1) of this subdivision to laborers, workers and
				mechanics, provided such supplements are enumerated in the current annually
				determined prevailing wage rate schedule promulgated by the Commissioner of
				Labor for the applicable trade or occupation in the locality.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter III - Bureau Of Public Work › Part 220 - Supplements; Effective Dates Of Annual Determinations; Rest Periods › Section 220.3 - Effective dates of annual determinations

Current through Register Vol. 46, No. 28, July 10, 2024
Updated schedules of prevailing rates of wages and
				  supplements as annually promulgated by the commissioner of labor pursuant to
				  paragraphs (a) and (c) of subdivision 5 of section 220  of the Labor Law, shall become effective
				  on July first of each year, regardless of the date on which such prevailing
				  wage rate schedule is received by the department of jurisdiction, the
				  contractor or any subcontractor. The contractor and/or any subcontractor shall
				  be responsible for paying all laborers, workers and mechanics employed upon new
				  or ongoing public work projects the current prevailing rates of wages and
				  supplements, as reflected in such updated schedules, effective July first of
				  each year.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter III - Bureau Of Public Work › Part 220 - Supplements; Effective Dates Of Annual Determinations; Rest Periods › Section 220.4 - Rest periods

Current through Register Vol. 46, No. 28, July 10, 2024
Rest periods of 20 consecutive minutes or less are considered
				  as time worked upon a public work project and must be compensated as such in
				  accordance with subdivision 3 of section 220  of the Labor Law. Rest periods include
				  coffee breaks and time for snacks, but do not include bona fide meal
				  periods.