reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-8 - Variances › Section 186-8.1 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
					 employer would incur significant hardship in complying with one or more
					 provisions of this Part he or she may apply to the department for a variance
					 from such provisions.
(b) The
					 request for a variance shall be in writing and shall spell out the specific
					 reasons for the variance requested, the period of time the variance will be in
					 effect, the performers affected by the variance, and any additional or
					 alternative provisions the employer will make to protect the child performers
					 in conformity with this Part.
(1) A request
					 for variance shall be received in the permits and certificates unit of the
					 Division of Labor Standards of the New York State Department of Labor at the
					 address or fax specified in section
					 186-4.3(f) 
					 of this Part no later than two business days before the requested modifications
					 shall take effect. A request for expedited variance, received less than two
					 business days before the requested modifications are to take effect, will be
					 considered immediately by the department to the greatest extent
					 feasible.
(2) If the commissioner
					 approves, the department shall issue a written notice to the employer of such
					 approval. Such notice shall be kept at the place of employment and made
					 available to representatives of the department upon request.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-9 - Suspension Or Revocation Of Permits And Certificates › Section 186-9.1 - Suspension or revocation of employer certificates

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may suspend or revoke an employer
						certificate of eligibility or employer certificate of group eligibility for
						good cause shown, or where it is shown that the employer:
(a) provided inaccurate or false information
					 on an application;
(b) has
					 committed a violation of this Part that may be hazardous or detrimental to the
					 physical or mental health, morals, education, or general welfare of a child
					 performer;
(c) has not transferred
					 the required earnings to the child performer's trust account or to the State
					 Comptroller;
(d) has caused the
					 child performer to engage in or be scheduled to engage in an activity that may
					 be hazardous or detrimental to the physical or mental health, education,
					 morals, or general welfare of a child performer; or
(e) being the holder of an employer
					 certificate of group eligibility, employed a child without the written consent
					 of that child's parent or guardian.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-9 - Suspension Or Revocation Of Permits And Certificates › Section 186-9.2 - Suspension or revocation of child performer permits

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may suspend or revoke a child performer
						permit for good cause shown or where it is shown that the parent or guardian of
						a child performer:
(a) has provided
					 inaccurate or false information on an application;
(b) has committed a violation of this Part
					 that may be hazardous or detrimental to the physical or mental health,
					 education, morals, or general welfare of a child performer;
(c) has not provided the required
					 documentation of the establishment of a child performer's trust account to the
					 employer, within 15 days of the commencement of the child performer's
					 employment; or
(d) has caused the
					 child performer to engage in or be scheduled to engage in an activity that may
					 be hazardous or detrimental to the physical or mental health, education,
					 morals, or general welfare of a child performer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-9 - Suspension Or Revocation Of Permits And Certificates › Section 186-9.3 - Notice and hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
					 commissioner intends to suspend or revoke a child performer permit, notice
					 shall be given to the parent or guardian of the child performer, and the parent
					 or guardian shall be given an opportunity to be heard.
(b) Where the commissioner intends to suspend
					 or revoke an employer certificate of eligibility or employer certificate of
					 group eligibility, notice shall be given to the employer, and the employer
					 shall be given an opportunity to be heard.
(c) Notice shall be given in writing and
					 shall be mailed to the address specified on the application for the child
					 performer permit or employer certificate of eligibility or employer certificate
					 of group eligibility, or by personal service to a person of suitable age and
					 discretion at that address or the place of employment.
(d) The commissioner shall schedule a hearing
					 as soon as practicable for the employer, parent or guardian to be
					 heard.
(e) Notwithstanding the
					 above, the commissioner may summarily suspend a child performer permit, or
					 employer certificate of eligibility, or employer certificate of group
					 eligibility prior to a hearing when he or she has cause to believe that such
					 summary suspension is in the best interests of the child performer, including
					 but not limited to, the belief that the child performer has been or will be
					 exposed to circumstances or events hazardous or detrimental to the physical or
					 mental health, education, morals, or general welfare of the child performer.
					 When the commissioner takes such action, a hearing shall be scheduled within
					 five business days to determine whether the summary suspension shall remain in
					 effect, and, if so, under what terms and conditions and for what period of
					 time.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-10 - Penalties And Appeals › Section 186-10.1 - Penalties and appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
					 commissioner finds that a child performer's employer has violated any provision
					 of article 4-A of the Labor Law or of this Part, the commissioner may, in
					 addition to revocation or suspension of the employer certificate of eligibility
					 pursuant to section
					 186-4.2 
					 of this Part, issue an order describing the nature of the violation and assess
					 a civil penalty therefor. Each violation shall constitute a separate
					 offense.
(b) The civil penalty
					 shall not exceed $1,000 for the first violation, $2,000 for the second
					 violation and $3,000 for the third or subsequent violation.
(c) In determining the penalty to be assessed
					 against an employer, the commissioner shall give due consideration to the size
					 of the employer's business, the good faith of the employer, the gravity of the
					 violation, the history of previous violations, and the failure to comply with
					 other provisions of the Labor Law.
(d) Any final order issued by the
					 commissioner under this Part shall be subject to review by the Industrial Board
					 of Appeals pursuant to Labor Law, section
					 101 prior to any appeal to a court of
					 competent jurisdiction.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 186 - Child Performers › Subpart 186-10 - Penalties And Appeals › Section 186-10.11 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
No penalty or sanction shall be imposed for any violation
						of this Part that occurs, and is cured, prior to June 1,
						2013.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.1 - Purpose of part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures and standards for the
					 approval by the Industrial Commissioner of safety programs of non-profit
					 organizations or which are publicly funded in whole or in part, so as to
					 authorize the employment of minors 16 and 17 years of age in occupations in
					 which they have completed an approved work training program, as provided in
					 subdivision 4a(3) of section 133  of the Labor Law, as added by chapter
					 433 of the Laws of 1971.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.2 - 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) Work training program means training
				  program for minors 16 and 17 years of age conducted by a non-profit
				  organization or which is publicly funded in whole or in part and which includes
				  safety instruction and training in the use of machinery, equipment and
				  devices.
(c) Non-profit
				  organization means an organization operated exclusively for religious,
				  charitable or educational purposes, no part of the net earnings of which inures
				  to the benefit of any private shareholder or individual, including a public
				  school.
(d) Organization includes a
				  non-profit organization and any entity conducting a work training program which
				  is publicly funded in whole or in part.
(e) Minor means a person 16 or 17 years of
				  age.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.3 - Application for approval of safety program

Current through Register Vol. 46, No. 28, July 10, 2024
An organization desirous of obtaining approval of its work
					 training program shall submit an application on a form prescribed by the
					 commissioner. The application shall be filed with the commissioner and a copy
					 shall be filed with the State Education Department. Such application shall
					 include, but not be limited to, the following:
(a) Description of the
				  organization.
(b) Description of
				  the shop safety program and the methods of teaching shop safety, including the
				  curriculum for teaching shop safety.
(c) The nature and type of machinery used in
				  the training program.
(d)
				  Qualifications of the teachers giving safety instructions.
(e) The methods used in evaluating the
				  performance of minors receiving safety instruction and in determining whether
				  the minor has successfully completed the training program.
(f) The number of hours a week and the number
				  of weeks the minor participates in the training program and receives safety
				  instruction.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.4 - Inspections

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of an application, the Division of Industrial
					 Safety Service of the Department of Labor shall inspect the shop where the
					 training is conducted for the purpose of determining compliance with
					 subdivision (b) of section
					 187.6 
					 of this Part. In addition, the State Education Department will conduct an
					 investigation and evaluation of the work training program for the purpose of
					 determining whether the instruction provided meets the standards prescribed in
					 subdivision (a) of section
					 187.6 
					 of this Part. Reports of such inspection and investigation will be submitted to
					 the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.5 - Approval of safety program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
				  the basis of the reports from the Division of Industrial Safety Service and the
				  State Education Department, the application of the organization, and other
				  information available, the commissioner shall issue a certificate of approval
				  or deny the application.
(b) A
				  certificate of approval shall terminate two years after the date of its
				  issuance, unless earlier revoked as provided in subdivision (c) of this
				  section.
(c) For good cause shown
				  the commissioner may revoke a certificate of approval after a
				  hearing.
(d) The commissioner or
				  his authorized representative shall have the right to enter the shop where
				  safety instruction is conducted and inspect all pertinent conditions,
				  structures, machines, apparatus, devices, equipment and materials therein, and
				  to question the officers of the organization, teachers or minors for the
				  purpose of determining compliance with subdivision (b) of section
				  187.6 
				  of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.6 - Standards for approval of safety program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The safety program shall provide
				  comprehensive instruction in the occupation and work process for which the
				  minor is being trained and on the safe use of machinery, equipment and devices
				  and should include instruction on the following:
(1) Good work habits and safe
				  practices.
(2) Accidents and
				  accident prevention.
(3) Personal
				  protective devices.
(4) Fire
				  protection and prevention.
(5) Hand
				  and portable tool safety.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.7 - Certificates of completion of work training programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An organization which has received an
				  approval of its safety program is authorized to issue a certificate of
				  completion to a minor who has successfully completed a training program, as
				  provided by chapter 433 of the Laws of 1971.
(b) Such certificate of completion shall
				  contain the name, address and age of the minor and shall specify the occupation
				  and work processes for which the minor has completed a work training
				  program.
(c) A certificate of
				  completion shall authorize the employment of a minor 16 or 17 years of age in
				  the occupation and in the work processes specified in the certificate of
				  completion issued by the organization.
(d) The employer of the minor shall keep on
				  file at the place of the minor's employment the certificate of completion so
				  that it may be readily accessible to any person authorized by law to examine
				  such document. The employer shall return the certificate to the minor at the
				  termination of employment.
(e) The
				  certificate of completion shall not excuse noncompliance with the employment
				  certification requirements of the Labor Law and of the Education Law, nor shall
				  it excuse noncompliance with any Federal law or regulation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.8 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An organization
				  to whom a certificate of approval has been issued by the commissioner shall
				  maintain records showing the following for each minor to whom the organization
				  had issued a certificate of completion.
(1)
				  Name, address and age of minor.
(2)
				  Date minor entered program and attendance record.
(3) The number of hours the minor
				  participated in the work training program and the number of hours the minor
				  received specific training in safety.
(4) The occupation and work processes for
				  which the certificate of completion was issued.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter E - Employment Of Minors › Part 187 - Approval Of Safety Programs For Minors 16 And 17 Years Of Age › Section 187.9 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall become effective on September 10,
					 1973.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-1 - Coverage › Section 190-1.1 - Coverage of order

Current through Register Vol. 46, No. 28, July 10, 2024
This order shall apply to every farm employer if, during
						the preceding calendar year, the cash remuneration paid to all persons employed
						on the employer's farms aggregated $3,000 or more.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-1 - Coverage › Section 190-1.2 - Basis of wage payment

Current through Register Vol. 46, No. 28, July 10, 2024
Payment of the minimum wage provided by this order shall
						be required for each week of work or for each regularly established payroll
						period, whether the wage is paid on a commission, bonus, piece-rate, or other
						basis. An employee who has been terminated shall receive the full wages due not
						later than the regular payday for the payroll period in which the termination
						occurred, and, if requested by the employee, such wages shall be forwarded by
						mail. A written summary of total gross and net earnings for the employment
						period and a listing of all deductions shall be furnished to the employee, or
						mailed to the employee's permanent address, not later than the regular payday
						for the payroll period in which the termination occurred.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-1 - Coverage › Section 190-1.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Wherever used in this order:
(a) Employer means any individual,
					 partnership, association, corporation, cooperative, business trust, legal
					 representative or organized group of persons acting as an employer of an
					 individual engaged or permitted to work on a farm. If a farm labor contractor
					 recruits or supplies farm workers for work on a farm, such farm workers shall
					 be deemed to be employees of the owner, lessee or operator of such
					 farm.
(b) Employee includes any
					 individual engaged or permitted by an employer to work on a farm, except:
(1) the parent, spouse, child or other member
					 of the employer's immediate family;
(2) a minor under 17 years of age employed as
					 a hand harvest worker on the same farm as the minor's parent or guardian and
					 who is paid on a piece-rate basis at the same piece rate as employees 17 years
					 of age and over;
(3) an individual
					 employed by the Federal, State or municipal government or a political
					 subdivision thereof; and
(4) for
					 that part of the working time covered by the provisions of another minimum wage
					 order promulgated by the commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-2 - Minimum Wage, Piece Rate And Youth Rate › Section 190-2.1 - Basic minimum wage rate

Current through Register Vol. 46, No. 28, July 10, 2024
The basic minimum wage rate shall be, for each hour
						worked in
(a) New York City for
(1) Large employers of eleven or more
					 employees
$11.00 per hour on and after December 31, 2016;
$13.00 per hour on and after December 31, 2017;
$15.00 per hour on and after December 31,
						2018;
(2) Small employers of
					 ten or fewer employees
$10.50 per hour on and after December 31, 2016;
$12.00 per hour on and after December 31, 2017;
$13.50 per hour on and after December 31, 2018;
$15.00 per hour on and after December 31,
						2019;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-2 - Minimum Wage, Piece Rate And Youth Rate › Section 190-2.2 - Piece rate

Current through Register Vol. 46, No. 28, July 10, 2024
The piece rate must yield a wage for the payroll period
						at least equivalent to the basic minimum wage rate or, if the employer had been
						issued a youth rate certificate by the commissioner, a wage for the payroll
						period at least equivalent to the youth rate.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-2 - Minimum Wage, Piece Rate And Youth Rate › Section 190-2.3 - Youth rates

Current through Register Vol. 46, No. 28, July 10, 2024
Youths under 18 years of age shall be paid the basic
						minimum wage rates set forth in section
						190-2.1 
						of this Subpart on and after December 31, 2013. Prior to December 31, 2013, the
						following rates shall apply to youths under 18 years of age, provided the
						employer has been issued a youth rate certificate by the commissioner:
(a) Harvest workers. Sixteen- and
					 seventeen-year-old youths working in or in connection with the harvesting of
					 fruits and vegetables in their first harvest season for an employer may be paid
					 $2.85 per hour until January 1, 1991; $3.25 per hour on and after January 1,
					 1991; and $3.60 per hour on and after January 1, 1992. During their second
					 harvest season with the same employer they may be paid $3 per hour until
					 January 1, 1991; $3.40 per hour on and after January 1, 1991; and $3.80 per
					 hour on and after January 1, 1992. During their third season for the same
					 employer they shall be paid the basic minimum wage rate.
(b) Nonharvest workers. Sixteen- and
					 seventeen-year-old youths working in nonharvest work may be paid $2.85 per hour
					 during their first 300 hours of employment, until January 1, 1991; $3.25 per
					 hour on and after January 1, 1991; and $3.60 per hour on and after January 1,
					 1992, $3 per hour during their second 300 hours of employment for the same
					 employer until January 1, 1991; $3.40 per hour on and after January 1, 1991;
					 and $3.80 per hour on and after January 1, 1992 and the basic minimum wage rate
					 thereafter when working for the same employer.
(c) Youths under 16 years of age. Youths
					 under 16 years of age may be employed only if each such youth has been issued a
					 farm work permit by the appropriate authorities and may be paid $2.50 per hour
					 until January 1, 1991; $2.85 per hour on and after January 1, 1991; and $3.20
					 per hour on and after January 1, 1992.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-2 - Minimum Wage, Piece Rate And Youth Rate › Section 190-2.4 - Overtime

Current through Register Vol. 46, No. 28, July 10, 2024
An employer shall pay an employee for overtime at a wage
						rate of one-and one-half times the employee's regular rate of pay for hours
						worked in excess of the following number of hours in one workweek:
(a) 60 hours on or after January 1,
					 2020;
(b) 56 hours on or after
					 January 1, 2024;
(c) 52 hours on or
					 after January 1, 2026;
(d) 48 hours
					 on or after January 1, 2028;
(e) 44
					 hours on or after January 1, 2030;
(f) 40 hours on or after January 1,
					 2032.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-3 - Allowances › Section 190-3.1 - Allowances

Current through Register Vol. 46, No. 28, July 10, 2024
The following amounts may be considered as part of the
						basic minimum wage rate if the items shown below are provided to the
						employee:
(a) Meals--$1.35 per meal
					 until January 1, 1991; $1.50 per meal on and after January 1, 1991; $1.70 per
					 meal on and after January 1, 1992. No allowance for meals shall be considered
					 as part of the minimum wage if a migrant seasonal employee earns less than $201
					 in a two-week period until January 1, 1991; $227.00 in a two-week period on and
					 after January 1, 1991; $254.00 in a two- week period on and after January 1,
					 1992 other than by reason of voluntary absence.
(b) Lodging and utilities.
(1) Migrant seasonal employees. No allowance
					 for lodging and utilities shall be considered as part of the minimum wage for a
					 migrant seasonal employee.
(2) All
					 other employees--$15 per week until January 1, 1991; $16.95 per week on and
					 after January 1, 1991; $18.95 per week on and after January 1, 1992 for single
					 occupancy or $10 per week until January 1, 1991; $11.30 per week on and after
					 January 1, 1991; $12.65 per week on and after January 1, 1992 per employee for
					 multiple occupancy. When a house or apartment and utilities are furnished by an
					 employer to an employee, a fair and reasonable amount may be allowed for such
					 facilities, which amount shall not exceed the lesser of either the reasonable
					 value of comparable facilities in the locality, or $2.70 a day until January 1,
					 1991; $3.00 a day on and after January 1, 1991; $5.00 a day on and after
					 January 1, 1992 for an individual employee and $6.00 a day on and after January
					 1, 1991; $8.00 a day on and after January 1, 1992 when the employee's family
					 resides with the employee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-3 - Allowances › Section 190-3.2 to 190-3.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-3 - Allowances › Section 190-3.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-3 - Allowances › Section 190-3.5 to 190-3.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-4 - Rehabilitation And Vocational Education Programs › Section 190-4.1 - Rehabilitation and vocational education programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For an individual employed as part of a
					 rehabilitation program approved by the commissioner, the payment of
					 compensation under such program shall be deemed to meet the requirements of
					 this order.
(b) For a trainee
					 enrolled in an organized vocational education training program in agriculture
					 under a recognized educational, nonprofit or governmental agency or authority,
					 including but not limited to programs such as the Farm Cadet, the Agricultural
					 Student Work program of the New York State College of Agriculture at Cornell
					 University and high school agricultural vocational student-work programs,
					 provided such program is approved by the commissioner, the payment of
					 compensation under such program shall be deemed to meet the requirements of
					 this order.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-4 - Rehabilitation And Vocational Education Programs › Section 190-4.2 to 190-4.9 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-5 - Deductions And Expenses › Section 190-5.1 - Deductions and expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wages
					 shall not be subject to deductions, except for allowances authorized by this
					 order and deductions authorized or required by law, such as withholding and
					 social security taxes. Prohibited deductions include, but are not limited to:
(1) deductions for spoilage or
					 breakage;
(2) deductions for cash
					 shortages or losses; and
(3) fines
					 or penalties for tardiness, misconduct or quitting without notice.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-6 - Posting And Notification › Section 190-6.1 - Posting and notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 employer shall post, in a conspicuous place on the farm, a notice, issued by
					 the commissioner, summarizing article 19-A of the Labor Law and this order, and
					 shall post a copy of any generally applicable work agreement.
(b) In addition, every employer shall notify
					 each employee, in writing, of the conditions of employment (work agreement) at
					 the time of commitment to hire. Such conditions shall include but shall not be
					 limited to:
(1) the full name, address and
					 telephone number of the employer;
(2) the location and type of work;
(3) housing arrangements, including cost,
					 number of rooms, cooking facilities;
(4) allowances if any, for meals and lodging
					 to be deducted from wages;
(5)
					 benefits to be provided by the employer;
(6) wages to be paid and time of
					 payment;
(7) period of
					 employment;
(8) all other planned
					 payroll deductions;
(9) noneconomic
					 terms and conditions of employment; and
(10) overtime provisions.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-7 - Denial Or Revocation Of Certificates Or Approval › Section 190-7.1 - Denial or revocation of certificates or approval

Current through Register Vol. 46, No. 28, July 10, 2024
If the commissioner denies a certificate or approval
						authorized in this order, the aggrieved person shall be granted a hearing
						provided a request therefor is made within 30 days of such denial. A
						certificate or approval may be suspended or revoked by the commissioner after a
						hearing, for misrepresentation of facts, for violation of article 19-A of the
						Labor Law or of any provision of this order or for other good cause
						shown.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-8 - Employer Records › Section 190-8.1 - Statement to employee

Current through Register Vol. 46, No. 28, July 10, 2024
For each payroll period every employer shall furnish to
						each employee a statement showing the following:
(a) full name and address of the
					 employer;
(b) name of the
					 employee;
(c) hours worked by the
					 employee;
(d) when wages are based
					 on piece rate, the size or weight of the piece-rate unit and the number of
					 units produced during the pay period;
(e) rates paid;
(f) gross wages;
(g) allowances and deductions; and
(h) net wages.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-8 - Employer Records › Section 190-8.2 - Employer records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 employer shall establish, maintain and preserve for not less than three years,
					 the following payroll records which shall show for each employee:
(1) name and address;
(2) social security number;
(3) total hours worked daily and
					 weekly;
(4) when a piece-rate
					 method of payment is used, the number of units produced daily and
					 weekly;
(5) gross wages;
(6) deductions from gross wages;
(7) allowances claimed as part of the minimum
					 wage;
(8) any cash
					 advanced;
(9) date of birth of
					 individuals employed at the youth rate; and, for minors under 17 years of age,
					 the name and address of the minor's parent or guardian; and, for minors under
					 16 years of age, the number of the farm work permit issued to such
					 employee;
(10) the wage rate;
					 and
(11) copy of applicable
					 employee work agreement.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-9 - Occupations In Agriculture Particularly Hazardous For The Employment Of Children Below The Age Of 16 › Section 190-9.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Agriculture includes farming in all its
					 branches including the cultivation and tillage of soil, dairying, the
					 production, cultivation, growing, and harvesting of any agricultural or
					 horticultural commodities, the raising of livestock, bees, fur-bearing animals,
					 or poultry, and any practices (including any forestry or lumbering operations)
					 performed by a farmer or on a farm as an incident to or in conjunction with
					 such farming operations, including preparation for market, delivery to storage
					 or to market or to carriers for transportation to market.
(b) Employer includes any person acting
					 directly or indirectly in the interest of an employer, as defined in Labor Law,
					 section
					 2, subd. 6,
					 in relation to an employee, as defined in Labor Law, section
					 2, subd. 5,
					 but shall not include the United States or any State or political subdivision
					 thereof.
(c) Employ includes to
					 suffer or permit to work.
(d) Minor
					 means any person who has not attained the age of 16 years.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-9 - Occupations In Agriculture Particularly Hazardous For The Employment Of Children Below The Age Of 16 › Section 190-9.2 - Occupations involved in agriculture

Current through Register Vol. 46, No. 28, July 10, 2024
The following agricultural occupations are dangerous or
						injurious to the health of minors below the age of 16 and are therefore
						prohibited:
(a) Operating a tractor of
					 over 20 power-take-off (PTO) horsepower, or connecting or disconnecting an
					 implement or any of its parts to or from such a tractor.
(b) Operating or assisting to operate
					 (including starting, stopping, adjusting, feeding, or any other activity
					 involving physical contact associated with the operation) any of the following
					 machines:
(1) corn picker, cotton picker,
					 grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile
					 pea viner;
(2) feed grinder, crop
					 dryer, forage blower, auger conveyor, or the unloading mechanism of a
					 nongravity-type self unloading wagon or trailer; or
(3) power post-hole digger, power post
					 driver, or nonwalking type rotary tiller.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter F - Minimum Wage Order For Farm Workers › Part 190 - Minimum Wage Order For Farm Workers › Subpart 190-9 - Occupations In Agriculture Particularly Hazardous For The Employment Of Children Below The Age Of 16 › Section 190-9.3 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The prohibited occupations listed in section
						190-9.2 
						of this Subpart shall not apply to:
(a) Student-learners. Employment of any minor
					 below the age of 16 as a vocational agriculture student-learner in any of the
					 occupations described in section
					 190-9.2(a)-(f) 
					 of this Subpart when each of the following requirements are met:
(1) the student-learner is enrolled in a
					 vocational education training program in agriculture under a recognized State
					 or local educational authority, or in a substantially similar program conducted
					 by a private school;
(2) such
					 student-learner is employed under a written agreement which provides that:
(i) the work of the student-learner is
					 incidental to his/her training;
(ii) such work shall be intermittent, for
					 short periods of time, and under the direct and close supervision of a
					 qualified and experienced person;
(iii) safety instruction shall be given by
					 the school and correlated by the employer with on-the-job training;
					 and
(iv) a schedule of organized
					 and progressive work processes to be performed on the job have been
					 prepared;
(3) such
					 written agreement contains the name of the student-learner, and is signed by
					 the employer and a person authorized to represent the educational authority or
					 school; and
(4) copies of each such
					 agreement are kept on file by both the educational authority or school and by
					 the employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 192 - Methods of Payment of Wages › Subpart 1 - General Provisions › Section 192-1.1 - Permissible Methods of Payment

Current through Register Vol. 46, No. 28, July 10, 2024
Employees may be paid wages by employers using the
						following permissible methods:
(a)
					 Cash;
(b) Check;
(c) Direct Deposit; or
(d) Payroll Debit Card.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 192 - Methods of Payment of Wages › Subpart 1 - General Provisions › Section 192-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a)
Payroll debit card
shall
					 mean a card that provides access to an account with a financial institution
					 established directly or indirectly by the employer, and to which transfers of
					 the employee's wages are made on an isolated or recurring basis.
(b)
Consent
shall mean an
					 express, advance, written authorization given voluntarily by the employee and
					 only given following receipt by the employee of written notice of all terms and
					 conditions of the method of payment. Consent may be withdrawn at any time,
					 provided however, that the employer shall be given a reasonable period of time,
					 but no longer than two full pay periods, to finalize such change.
(c)
No cost
shall mean that
					 an employee can access his or her wages, in full, without encumbrances, costs,
					 charges, or fees.
(d)
Local
					 access
shall mean that the employee is provided with access to his or
					 her wages, at a facility or machine which is located within a reasonable travel
					 distance to the employee's work location or home, and without unreasonable
					 restraint by the employer or its agent.
(e)
Employee
shall be as it
					 is defined in section 190  of the
					 Labor Law and shall not include any person employed in a
bona
					 fide
executive, administrative, or professional capacity whose
					 earnings are in excess of the dollar threshold contained in section 192 (2)  of the Labor Law, or
					 an employee working on a farm not connected with a factory.
(f)
Direct deposit
shall
					 mean the transfer of wages into an account, of the employee's choosing, of a
					 financial institution.
(g)
Reasonable intervals
shall mean not less frequently than
					 annually.
(h)
Negotiable
					 instrument
shall be as it is defined in section 3-104 of the New York
					 State Uniform Commercial Code.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 192 - Methods of Payment of Wages › Subpart 1 - General Provisions › Section 192-1.3 - Written Notice and Consent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice
					 of methods of payment. An employer who uses methods of payments other than cash
					 or check shall provide employees with a written notice that identifies the
					 following:
(1) a plain language description
					 of all of the employee's options for receiving wages;
(2) a statement that the employer may not
					 require the employee to accept wages by payroll debit card or by direct
					 deposit;
(3) a statement that the
					 employee may not be charged any fees for services that are necessary for the
					 employee to access his or her wages in full; and
(4) if offering employees the option of
					 receiving payment via payroll debit card, a list of locations where employees
					 can access and withdraw wages at no charge to the employees within reasonable
					 proximity to their place of residence or place of work.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 192 - Methods of Payment of Wages › Subpart 1 - General Provisions › Section 192-1.4 - Prohibited practices

Current through Register Vol. 46, No. 28, July 10, 2024
An employer and its agent shall not engage in unfair,
						deceptive or abusive practices in relation to the method or methods of payment
						of wages. No employer or his agent, or the officer or agent of any corporation,
						shall discharge, penalize or in any other manner discriminate against any
						employee because such employee has not consented to receive his or her wages
						through direct deposit or payroll debit card.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 192 - Methods of Payment of Wages › Subpart 2 - Methods of Payment › Section 192-2.1 - Payment of Wages by Check

Current through Register Vol. 46, No. 28, July 10, 2024
When paying wages by check, an employer shall ensure
						that:
(a) The check is a negotiable
					 instrument; and
(b) The employer
					 does not impose any fees in connection with the use of checks for the payment
					 of wages, including a fee for replacement of a lost or stolen check.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter II - DIVISION OF LABOR STANDARDS › Subchapter G - Deductions From Wages › Part 192 - Methods of Payment of Wages › Subpart 2 - Methods of Payment › Section 192-2.2 - Payment of Wages by Direct Deposit

Current through Register Vol. 46, No. 28, July 10, 2024
When paying wages by direct deposit, an employer shall
						ensure that:
(a) It has consent from
					 the employee;
(b) A copy of the
					 employee's consent must be maintained by the employer during the period of the
					 employee's employment and for six years following the last payment of wages by
					 direct deposit. A copy of the employee's written consent must be provided to
					 the employee; and
(c) Such direct
					 deposit is made to a financial institution selected by 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 192 - Methods of Payment of Wages › Subpart 2 - Methods of Payment › Section 192-2.3 - Payment of Wages by Payroll Debit Card

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When paying wages by payroll debit card,
					 an employer shall ensure that:
(1) It has
					 consent from the employee;
(2) It
					 provides the information referenced in Section 192-1.3(a)  and receives consent
					 at least seven business days prior to taking action to issue the payment of
					 wages by payroll debit card, during such seven business days the employee's
					 consent shall not take effect.
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 194-1.1 - Prohibited Practices

Current through Register Vol. 46, No. 28, July 10, 2024
No employer shall prohibit an employee from inquiring
						about, discussing, or disclosing the wages of such employee or other employee,
						except as otherwise provided herein.
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 194-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this part:
(a) The terms employee and employer shall be
					 as those terms are defined in Section 190  of the
					 Labor Law.
(b) Permission shall
					 mean an express, advance, authorization given voluntarily by the employee, and
					 permission may be withdrawn by an employee at any time. A writing shall not be
					 required.