Section 1. Short title. This chapter shall be known as the "Labor Law."
Section 2. Definitions.
Whenever used in this chapter:
1. "Department" means the department of labor of the state of New York.
2. "Commissioner" means the commissioner of labor of the state of New York.
3. "Board," as determined by the context, shall mean either the workmen's compensation board or the industrial board of appeals of the state of New York.
4. "Rule" means any rule or regulation made by the industrial commissioner and any amendment or repeal thereof.
5. "Employee" means a mechanic, workingman or laborer working for another for hire.
6. "Employer" means the person employing any such mechanic, workingman or laborer, whether the owner, proprietor, agent, superintendent, foreman or other subordinate.
7. "Employed" includes permitted or suffered to work.
8. "Person" includes a corporation or a joint-stock association.
8-a. "Agent" of a corporation includes, but is not limited to, a manager, superintendent, foreman, supervisor or any other person employed acting in such capacity.
9. "Factory" includes a mill, workshop or other manufacturing establishment where one or more persons are employed at manufacturing, including making, altering, repairing, finishing, bottling, canning, cleaning or laundering any article or thing, in whole or in part, and includes all buildings, sheds, structures or other places used for or in connection therewith, except (a) dry dock plants engaged in making repairs to ships and (b) power houses, generating plants and other structures owned or operated by a public service corporation or a municipal corporation other than construction or repair shops, subject to the jurisdiction of the public service commission and (c) structures, operated as refrigerated warehouses for the handling, packing, refrigeration and storage of fruits and vegetables and which are subject to the jurisdiction of or licensed by the department of agriculture and markets, also structures used in cleaning or packing celery. The provisions of this chapter affecting structural changes and alterations shall not apply to factories or to any buildings, sheds or other places used for or in connection therewith where less than six persons are employed at manufacturing except as otherwise prescribed by the rules.
10. "Factory building" means a building, shed or structure which, or any part of which, is occupied by or used for a factory, and in which at least one-tenth or more than twenty-five of all the persons employed in the building are engaged in work for a factory, but shall not include a building in a city having a population of more than one million, used exclusively by one employer and in which not more than one-tenth of all the persons employed therein are engaged in work for a factory and which, except for such factory work, would be classified as a mercantile establishment. The provisions of this chapter shall apply to any part of a building occupied or used as a factory, except as otherwise provided by this subdivision.
11. "Mercantile establishment" means a place where one or more persons are employed in which goods, wares or merchandise are offered for sale and includes a building, shed or structure, or any part thereof, occupied in connection with such establishment. The provisions of this chapter affecting structural changes and alterations shall not apply to mercantile establishments where less than six persons are employed except as otherwise prescribed by the rules.
12. "Place of public assembly" shall include (1) a theatre, (2) moving picture house, (3) assembly halls maintained or leased for pecuniary gain where one hundred or more persons may assemble for amusement or recreation, except (a) halls owned by churches, religious organizations, granges, and public association and free libraries as defined by section two hundred fifty-three of the education law, and (b) hotels having fifty or more rooms.
13. "Public building" shall include a factory building, an office building, a mercantile building, a hotel building, a theatre building, a warehouse building, an apartment building, a state or municipal building, a school, a college or university building, a building containing a place of public assembly maintained or leased for pecuniary gain, or any other building more than one story high except a dwelling house less than three stories high or occupied by less than three families.
14. All references to male employees in this chapter shall be deemed to include female employees.
15. "Minor" means any person who has not attained the age of eighteen years.
* 16. "Domestic worker" shall mean a person employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing or elderly person, housekeeping, or for any other domestic service purpose. "Domestic worker" does not include any individual (a) working on a casual basis, (b) who is engaged in providing companionship services, as defined in paragraph fifteen of subdivision (a) of section 213 of the fair labor standards act of 1938, and who is employed by an employer or agency other than the family or household using his or her services, or (c) who is a relative through blood, marriage or adoption of: (1) the employer; or (2) the person for whom the worker is delivering services under a program funded or administered by federal, state or local government.
* NB There are 2 sb 16's
* 16. All references to labor law, chapter, article or section shall be deemed to include any rule, regulation or order promulgated thereunder or related thereto.
* NB There are 2 sb 16's
Section 3. Prohibited employment.
Whenever the provisions of this chapter prohibit the employment of a person in certain work or under certain conditions the employer shall not permit such person to so work, with or without compensation, and in a prosecution or action therefor lack of consent by the employer shall be no defense.
Section 4. Work for a factory.
Work shall be deemed to be done for a factory whenever it is done at any place upon the work of a factory or upon any of the materials entering into the product of the factory, whether under contract or arrangement with any person in charge of or connected with such factory directly or indirectly through one or more contractors or other third persons.
Article 2 The Department of Labor
Section 10. Department of labor; commissioner of labor.
There shall continue to be in the state government a department of labor. The head of the department shall be the commissioner of labor. The commissioner of labor shall be appointed by the governor, by and with the advice and consent of the senate and hold office until the end of the term of the governor by whom he was appointed, and until his successor is appointed and has qualified. The present commissioner of labor shall be the head of such department and shall hold office until the expiration of his present term and until his successor is appointed and has qualified, subject to the provisions of the public officers law. Whenever the industrial commissioner is referred to or designated in any law, rule, regulation, contract or document heretofore or hereafter enacted, adopted or executed, such reference or designation shall be deemed to refer to the commissioner of labor.
Section 10-A. Domestic violence policy.
The commissioner shall study the issue of employees separated from employment due to acts of domestic violence as referred to in and qualified by section four hundred fifty-nine-a of the social services law. The commissioner shall consult with the New York state office for the prevention of domestic violence and its advisory council, the department of social services, the division of women and members of the public in preparing such study. Such study shall include a review of case histories in which unemployment compensation was sought and an analysis of the policies in other states. A copy of such study shall be transmitted to the temporary president of the senate and the speaker of the assembly on or before January fifteenth, nineteen hundred ninety-six and shall contain policy recommendations.
Section 10-B. Domestic violence employee awareness and assistance.
The commissioner shall assist the office for the prevention of domestic violence in the creation, approval and dissemination of the model domestic violence employee awareness and assistance policy as further defined in subdivision nine of section five hundred seventy-five of the executive law. Upon completion and approval of the model plan as outlined in subdivision nine of section five hundred seventy-five of the executive law, the commissioner shall assist in the promotion of the model policy to businesses in New York state.
Section 11. Deputy commissioner.
There shall be a deputy commissioner, who shall be appointed by and removed at the pleasure of the commissioner.
Section 12. Transmission of labor market information.
1. For the purposes of this section:
a. Department means the department of labor of the state of New York.
b. Commissioner means the industrial commissioner of the state of New York.
c. Education department means the education department of the state of New York.
d. Labor market information is defined to include, but not be limited to, industry and occupational projections for those standard metropolitan statistical areas for which the department compiles such information and for the state of New York, "Applications and Openings" publication, and the "New York State Annual Planning Report", providing, however, that the commissioner shall have the power to include additional publications, projections and other data to this definition of labor market information.
2. When it is jointly determined by the department and the education department that labor market information prepared by the department is adequate in this prepared form, the department shall transmit a copy of such information to: every school district in the state of New York maintaining approved career education programs, with a list of such school districts to be furnished to the department by the education department; every board of cooperative educational services maintaining approved career education programs, with a list of such boards of cooperative educational services to be furnished to the department by the education department; and every community college and agricultural and technical institute in the state of New York maintaining approved career education programs, with a list of such colleges and institutes to be furnished to the department by the education department. The education department shall regularly update such lists to keep them current and transmit changes to the department expeditiously.
3. The commissioner shall transmit to those school districts, boards of cooperative educational services and community colleges and agricultural and technical institutes located within a particular labor market area, labor market information compiled for that area.
4. The transmission of labor market information shall occur as frequently as such labor market information is compiled or published by the department, and in as expeditious a manner as possible following such compilation or publication.
5. If a publication noted by title in this section shall be discontinued by the department, the department shall transmit, pursuant to the provisions of this section, the publication published by the department which, in its opinion, provides the information most similar to that information which had previously been provided by the discontinued publication.
6. If a publication noted by title in this section shall have such title changed, the department shall continue to transmit such publications with its new title.
7. When the department and the education department jointly determine that labor market information prepared by the department, to be transmitted pursuant to this section, requires an explanatory analysis to be utilized to its fullest potential, the education department shall provide an analysis of the information, written in clear, concise and easily understandable language. Such analysis shall consider, but not be limited to a consideration of, the following: instructions for the proper use of such information by individuals involved in the planning and development of career education, the proper use of such information by individuals involved in vocational and educational guidance, and the proper use of such information by current and prospective career education pupils in the selection of career education programs likely to offer the greatest potential for employment upon graduation.
8. To effectuate the purposes of this section, the commissioner and the commissioner of education, or their authorized designees, shall meet on a regular basis which shall not be less than once a month, excepting July and August when such meeting shall be discretionary.
9. It shall be the responsibility of such school districts, boards of cooperative educational services, and community colleges and agricultural and technical institutes in receipt of such publications and sources of labor market information enumerated in this section to provide copies of such labor market information to those individuals responsible for vocational and educational guidance at such school districts, boards of cooperative educational services, community colleges and agricultural and technical institutes.
Section 12-C. Passenger tramway advisory council.
1. To advise the commissioner of labor in relation to his duties and responsibilities under the provisions of section two hundred two-c and article twenty-six of this chapter, there shall be in the department an advisory council, to be known as the passenger tramway advisory council, consisting of seven members to be appointed by the governor, by and with the advice and consent of the senate, and one of whom shall be designated as chairman by the governor. Each of four members of the council shall be an officer or employee of a ski center, and three members of the council shall be representatives of the public and shall not be, nor within five years immediately preceding appointment have been an officer or employee of a ski center.
2. The term of each member of such advisory board shall be for five years, or until a successor is appointed. Any member of the board chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Any member of the council may be removed by the governor for misconduct, incompetence or neglect of duty after being given a written statement of the charges and an opportunity to be heard thereon.
3. Each member of the advisory council shall serve without salary or other compensation, but shall be allowed necessary and actual transportation expenses incurred in the performance of his or her duties, and when in travel status shall receive an additional fifty-five dollars and when in travel status in a county or a city with a population in excess of seven hundred thousand an additional seventy-five dollars.
4. The advisory council shall consider all matters in connection with ski tows, other passenger tramways and downhill skiing referred to it by the commissioner and advise him with respect thereto, and on its own initiative, or upon the suggestion of others, may make such recommendations to the commissioner in connection with ski tows, other passenger tramways and downhill skiing as, after consideration by it, may be deemed necessary.
5. The commissioner shall designate an officer or employee of the department to act as secretary of the advisory council, who shall not be a member of such council and who shall not receive any additional compensation therefor.
6. The advisory council may adopt rules and regulations to govern its own proceedings. The secretary shall keep a complete record of all proceedings of the advisory council which shall show the names of the members present at each meeting and every matter considered by the advisory council and the action taken thereon. Such records shall be filed in the office of the department.
(*) Section 12-D. Advisory council on farm labor safety.
1. There is hereby established in the department of labor an advisory council on farm labor safety to make a study and investigation of the problems of providing adequate protection to farm workers against injuries arising out of their employment. Such study and investigation shall include: (a) the unique and special conditions involved in farm safety; (b) the need for education and training programs for the protection of farm workers against accidents; (c) the identification of areas where existing educational and training programs are insufficient to provide adequate protection to farm workers against accidents; (d) the methods of encouraging farmers and farm groups to establish such education and training programs; and (e) all matters and approaches for the protection of farm workers against accidents referred by the industrial commissioner.
2. The advisory council shall consist of ten members appointed by the industrial commissioner. The members shall be representative of farmers, growers, farm workers and other persons and groups concerned with agricultural safety. One of the members shall be designated as chairman by the industrial commissioner. The chairman of the board of standards and appeals, the commissioner of agriculture and markets, the commissioner of education, and the dean of the college of agriculture at Cornell University, or their designated representatives, shall be additional members of the council, who shall serve by virtue of their positions, without voting power.
The industrial commissioner shall designate an officer or employee of the department of labor to act as secretary of the advisory council, who shall not be a member of such council and who shall not receive any additional compensation therefor.
3. The advisory council may take testimony, subpoena witnesses, and require the production of books, records and papers, and hold public or private hearings.
4. The advisory council may request and shall receive such assistance, service and data from any agency of the state or from any political subdivision thereof as will enable it properly to carry out its activities hereunder and effectuate the purposes herein set forth.
5. The advisory council shall, from time to time, but not less frequently than on December first of each year, submit a report to the industrial commissioner, and shall submit a final report on or before March thirty-first, nineteen hundred seventy-two. Such reports may include such recommendations as the council finds appropriate on the basis of its studies and investigations.
6. The appointed members of the advisory council shall receive no compensation for their services but shall receive in lieu of expenses incurred in the performance of their duties the sum of sixty dollars for each day or part thereof spent in attendance at meetings or otherwise in the work of the council, but no member shall receive in excess of twelve hundred dollars during any one fiscal year.
7. The advisory council may adopt rules and regulations to govern its own proceedings. The secretary shall keep a record of all proceedings of the council, which shall show the name of each member present at the meetings and every matter considered by the council and the action taken thereon. Such records shall be filed in the office of the secretary of the department of labor.
* NB Expired March 31, 1972
Section 13. Oaths of office.
The industrial commissioner, members of the industrial board of appeals and the deputy commissioner shall, before entering upon the duties of their office, take and subscribe the constitutional oath of office. Such oaths shall be filed in the office of the department of state.
Section 14. Offices of the department.
The principal office of the department shall be in the city of Albany in rooms designated by the commissioner of general services as provided by law. There shall be a branch office in the city of New York and other branch offices may be established and maintained by the department in such places as the industrial commissioner may determine and for which appropriations are made by the legislature. The industrial commissioner may, with the commissioner of commerce and the commissioner of transportation, develop and institute a procedure for the uniform collection of employment and economic data within the state for use in connection with the scheduling of public works projects.