Bill Text: NY S03395 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to farm worker meal, lodging and utilities minimum wage credits.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S03395 Detail]

Download: New_York-2023-S03395-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3395

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sens.  SKOUFIS, BORRELLO, GALLIVAN, O'MARA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Labor

        AN ACT to amend the labor law, in relation to farm worker meal and lodg-
          ing minimum wage credits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  673  of the labor law is amended by adding a new
     2  subdivision 3 to read as follows:
     3    3. Meals, lodging and utilities allowances.  Notwithstanding any other
     4  provision of law or regulation to the contrary, the following items  and
     5  their respective values may be considered part of the minimum wage rate,
     6  and  shall  be  annually  adjusted to reflect an increase in the rate of
     7  cost of living, as determined by the cost of living adjustment  calcula-
     8  tor, if any of the following items are provided to the employee:
     9    a.  Meals. Employees may be charged $2.97 per meal on or after January
    10  first, two thousand twenty-three.   No  allowance  for  meals  shall  be
    11  considered  as  part  of the minimum wage if a migrant seasonal employee
    12  earns less than $441.01 in a two-week period on or after January  first,
    13  two thousand twenty-three, other than by reason of voluntary absence.
    14    b. Lodging and utilities. (1) Migrant seasonal employees. No allowance
    15  for lodging or utilities shall be considered as part of the minimum wage
    16  for  a  migrant  seasonal  employee.  (2) All other employees. All other
    17  employees not provided for in subparagraph one of this paragraph may  be
    18  charged  $33.12  per week on and after January first, two thousand twen-
    19  ty-three per employee for single occupancy or $22.12  per  week  on  and
    20  after January first, two thousand twenty-three per employee for multiple
    21  occupancy.  When  a house or apartment and utilities are furnished by an
    22  employer to an employee, a fair and reasonable amount may be allowed for
    23  such facilities, which amount shall not exceed the lesser of either  the
    24  reasonable  value  of  comparable facilities in the locality, or $8.74 a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04562-01-3
        S. 3395                             2

     1  day on and after January first, two thousand twenty-three for  an  indi-
     2  vidual  employee, and $13.99 a day on and after January first, two thou-
     3  sand twenty-three when the employee's family resides with the employee.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.