STATE OF NEW YORK
________________________________________________________________________
8625--A
2017-2018 Regular Sessions
IN ASSEMBLY
September 1, 2017
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Introduced by M. of A. SKOUFIS, D'URSO, MOSLEY, JENNE, PICHARDO, JONES,
RICHARDSON, LAWRENCE, PALUMBO, BLANKENBUSH, STECK, MONTESANO, SANTA-
BARBARA, AUBRY, BRINDISI, NIOU, BRABENEC, B. MILLER, HUNTER -- Multi-
Sponsored by -- M. of A. BUTLER, THIELE -- read once and referred to
the Committee on Labor -- recommitted to the Committee on Labor in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 $2.95 per meal on or after January
10 first, two thousand eighteen. No allowance for meals shall be consid-
11 ered as part of the minimum wage if a migrant seasonal employee earns
12 less than $440.87 in a two-week period on or after January first, two
13 thousand eighteen, 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 $32.89 per week on and after January first, two thousand eigh-
19 teen per employee for single occupancy or $21.96 per week on and after
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13305-04-8
A. 8625--A 2
1 January first, two thousand eighteen per employee for multiple occupan-
2 cy. When a house or apartment and utilities are furnished by an employer
3 to an employee, a fair and reasonable amount may be allowed for such
4 facilities, which amount shall not exceed the lesser of either the
5 reasonable value of comparable facilities in the locality, or $8.68 a
6 day on and after January first, two thousand eighteen for an individual
7 employee, and $13.89 a day on and after January first, two thousand
8 eighteen when the employee's family resides with the employee.
9 § 2. This act shall take effect on the thirtieth day after it shall
10 have become a law.