S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8625--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 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:
 
   Section  1.  Section  673  of the labor law is amended by adding a new
 subdivision 3 to read as follows:
   3. MEALS, LODGING AND UTILITIES ALLOWANCES.  NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW OR REGULATION TO THE CONTRARY, THE FOLLOWING ITEMS  AND
 THEIR RESPECTIVE VALUES MAY BE CONSIDERED PART OF THE MINIMUM WAGE RATE,
 AND  SHALL  BE  ANNUALLY  ADJUSTED TO REFLECT AN INCREASE IN THE RATE OF
 COST OF LIVING, AS DETERMINED BY THE COST OF LIVING ADJUSTMENT  CALCULA-
 TOR, IF ANY OF THE FOLLOWING ITEMS ARE PROVIDED TO THE EMPLOYEE:
   A.  MEALS. EMPLOYEES MAY BE CHARGED $2.95 PER MEAL ON OR AFTER JANUARY
 FIRST, TWO THOUSAND EIGHTEEN.  NO ALLOWANCE FOR MEALS SHALL  BE  CONSID-
 ERED  AS  PART  OF THE MINIMUM WAGE IF A MIGRANT SEASONAL EMPLOYEE EARNS
 LESS THAN $440.87 IN A TWO-WEEK PERIOD ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND EIGHTEEN, OTHER THAN BY REASON OF VOLUNTARY ABSENCE.
   B. LODGING AND UTILITIES. (1) MIGRANT SEASONAL EMPLOYEES. NO ALLOWANCE
 FOR LODGING OR UTILITIES SHALL BE CONSIDERED AS PART OF THE MINIMUM WAGE
 FOR  A  MIGRANT  SEASONAL  EMPLOYEE.  (2) ALL OTHER EMPLOYEES. ALL OTHER
 EMPLOYEES NOT PROVIDED FOR IN SUBPARAGRAPH ONE OF THIS PARAGRAPH MAY  BE
 CHARGED  $32.89  PER WEEK ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGH-
 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
 
 JANUARY  FIRST, TWO THOUSAND EIGHTEEN PER EMPLOYEE FOR MULTIPLE OCCUPAN-
 CY. WHEN A HOUSE OR APARTMENT AND UTILITIES ARE FURNISHED BY AN EMPLOYER
 TO AN EMPLOYEE, A FAIR AND REASONABLE AMOUNT MAY  BE  ALLOWED  FOR  SUCH
 FACILITIES,  WHICH  AMOUNT  SHALL  NOT  EXCEED  THE LESSER OF EITHER THE
 REASONABLE VALUE OF COMPARABLE FACILITIES IN THE LOCALITY,  OR  $8.68  A
 DAY  ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN FOR AN INDIVIDUAL
 EMPLOYEE, AND $13.89 A DAY ON AND  AFTER  JANUARY  FIRST,  TWO  THOUSAND
 EIGHTEEN WHEN THE EMPLOYEE'S FAMILY RESIDES WITH THE EMPLOYEE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.