STATE OF NEW YORK
________________________________________________________________________
6907--A
2017-2018 Regular Sessions
IN SENATE
October 11, 2017
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Introduced by Sens. GALLIVAN, AKSHAR, HELMING, LITTLE -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules -- recommitted to the Committee on Labor in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
20 January first, two thousand eighteen per employee for multiple occupan-
21 cy. When a house or apartment and utilities are furnished by an employer
22 to an employee, a fair and reasonable amount may be allowed for such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13305-05-8
S. 6907--A 2
1 facilities, which amount shall not exceed the lesser of either the
2 reasonable value of comparable facilities in the locality, or $8.68 a
3 day on and after January first, two thousand eighteen for an individual
4 employee, and $13.89 a day on and after January first, two thousand
5 eighteen when the employee's family resides with the employee.
6 § 2. This act shall take effect on the thirtieth day after it shall
7 have become a law.
