Bill Text: NY S06907 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2018-03-22 - PRINT NUMBER 6907A [S06907 Detail]

Download: New_York-2017-S06907-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6907
                               2017-2018 Regular Sessions
                    IN SENATE
                                    October 11, 2017
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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 shall receive $2.95 per meal on or after January
    10  1, 2018. No allowance for meals shall be considered as part of the mini-
    11  mum wage if a migrant seasonal employee earns less  than  $440.87  in  a
    12  two-week  period  on  or  after January 1, 2018, other than by reason of
    13  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 shall
    18  receive $32.89 per week on and after January 1, 2018  per  employee  for
    19  single  occupancy  or  $21.96  per week on and after January 1, 2018 per
    20  employee for multiple occupancy. When a house or apartment and utilities
    21  are furnished by an employer to  an  employee,  a  fair  and  reasonable
    22  amount may be allowed for such facilities, which amount shall not exceed
    23  the  lesser  of  either the reasonable value of comparable facilities in
    24  the locality, or $8.68 a day on and after January 1, 2018 for  an  indi-
    25  vidual  employee, and $13.89 a day on and after January 1, 2018 when the
    26  employee's family resides with the employee.
    27    § 2. This act shall take effect on the thirtieth day  after  it  shall
    28  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13305-03-7