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Laws for working students

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  • Laws for working students

    I'm located in NY. I'm looking for actual facts and the law regarding this topic. I know it is "industry standard" for barns to have working students.
    Does anyone know what the actual requirements are for working students(over age 14)? If a student does work in exchange for riding time, no money is exchanged, but what about liability? What if the student is hurt while doing the chores? Should that student be covered under workers' comp.

  • #2
    I think paid working student falls under agricultrural jobs. Which mean no workmans comp. No age limit. No limit on hours. But I may be wrong.

    If you aren't getting paid then you sign a liability release just like riding, and if you get hurt it is up to you to cover your medical expenses.

    Honestly the moment a trainer has to pay a working student workman's comp is the day most will probably stop offering ws positions. I know I wouldn't offer one if that had to be done. It is work and ride at own risk just like being a trainer.

    Comment


    • #3
      NY labor laws; http://www.labor.state.ny.us/workerp...ot/minors.shtm

      There are not specific laws that cover the situation, so you'll have to research the law and see what applies.
      MINIMUM WAGE STANDARDS FOR FARM WORKERS

      The Minimum Wage Order for Farm Workers applies only to farm workers employed on farms where the total cash remuneration paid all persons employed on the farm exceeded $3,000 in the previous calendar year.


      The Minimum Wage Order for Farm Workers provides that all workers, with certain exceptions, must be paid at least $7.25 per hour. This does not include members of the employer's immediate family and minors under 17 years of age employed as hand harvest workers on the same farm as their parents or guardians and who are paid on a piece-rate basis at the same rate as employees over 17.


      The wage order permits specified allowances to be deducted from the minimum wage for meals and lodging supplied by an employer. However, an allowance for lodging is not permitted in the case of seasonal migrant workers. Payments in kind may be permitted at not more than the farm market value.


      Employers must post a summary of the wage order in a conspicuous place in their establishment. A copy of the general work agreement must also be posted.


      Youth Rate Certificate (LS 415.1)-An agriculural employer who possesses a Youth Rate Certificate may, under particular conditions, pay certain minors at a specified wage rate that is less than the basic hourly rate set forth in the minimum wage order for farms.


      Interesting article; http://www.nytimes.com/2010/04/03/bu.../03intern.html


      WORKMAN'S COMP
      http://www.wcb.state.ny.us/content/m...erHandbook.pdf

      Who is Covered by the Workers’ Compensation Law?
      Virtually all employers in New York State must provide workers’ compensation coverage for their employees (WCL §2 and 3). Employers must post notice of coverage in their place(s) of business (WCL §51). Employers must cover the following workers for workers’ compensation
      insurance:

      1. Workers in all employments conducted for-profit. Part-time employees, borrowed employees, leased employees, family members and volunteers working for a for-profit business must also be covered under the Workers’ Compensation Law (WCL §3 Groups 1-14-a);

      2. Employees of counties and municipalities engaged in work defined by the law as “hazardous” (WCL §3 Groups 15, 15-a and 17);

      3. Public school teachers, excluding those employed by New York City, and public school aides, including New York City (WCL §3 Groups 20, 20-a and 22);

      4. Employees of the State of New York, including some volunteer workers (WCL §3 Group 16);

      5. Domestic workers employed forty or more hours per week by the same employer, including full-time sitters or companions, and live-in maids (WCL §3 Group 12) (see Domestic Workers)

      6. Farm workers whose employer paid $1,200 or more for farm labor in the preceding calendar year (WCL §3 Group 14-b) (see Farms)

      7. Any other worker determined by the Board to be an employee and not specifically excluded from coverage under the WCL (WCL §3 Groups 1-14-a and 18);

      8. All corporate officers if the corporation has more than two officers and/or two stockholders (WCL §54 [6]) (see Corporate Officer Coverage requirements);

      9. Officers of one-or-two person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage (WCL §54 [6]) (see Corporate Officer Coverage Requirements); and

      10. Most workers compensated by a nonprofit organization (WCL §3 Group 18) (seeNonprofit Organizations).

      Volunteer Firefighters and Volunteer Ambulance Workers are provided benefits for death or
      injuries suffered in the line of duty under the Volunteer Firefighters’ Benefit Law and Volunteer Ambulance Workers’ Benefit Law.
      Last edited by Equibrit; Jun. 23, 2010, 07:34 AM.
      ... _. ._ .._. .._

      Comment


      • #4
        Most companies with less than 10 employees or so don't have to have insurance. But wouldn't you pay for a person's injury if they were riding your horse?
        “If you are irritated by every rub, how will your mirror be polished?”
        ? Rumi






        Comment


        • #5
          I would check w/ your business attorney about such working student and liability issues. You should have some type of liability insurance which would cover some personal injuries. For example you ask WS to wrap injured horse, horse kicks WS in the face - WS okay but horse kicked out some of her teeth. What now? If WS is under age 26, check to see if they might be covered under their parents health insurance plans or not. That would cover them in some circumstances in terms of injury. The bottom line is if you are offering some type of WS program, then you need to provide at least the minimum required in terms of liability coverage - this is for YOU. Should a WS get injured depending on your state laws, some of those liability forms don't mean a darn thing and you could end up getting sued...even if you win a law suit you could still be out thousands in legal fees. It's just not worth the risk.

          Rather than checking on the BB check w/ the state/city/county labor offices or contact a labor attorney or your personal attorney.

          Comment


          • #6
            I would think that it should be spelled out that it is an educational experience. I don't think schools are in quite the same situation if a person is hurt on their equipment. just a thought.
            “If you are irritated by every rub, how will your mirror be polished?”
            ? Rumi






            Comment

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