Senate Bill S5412

2019-2020 Legislative Session

Relates to farm worker meal and lodging minimum wage credits

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S5412 (ACTIVE) - Details

See Assembly Version of this Bill:
A7616
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §673, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6907, A8625
2021-2022: S1663
2023-2024: S3395

2019-S5412 (ACTIVE) - Summary

Relates to farm worker meal and lodging minimum wage credits.

2019-S5412 (ACTIVE) - Sponsor Memo

2019-S5412 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5412
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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:

   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 $2.97 PER MEAL ON OR AFTER JANUARY
 FIRST, TWO THOUSAND NINETEEN.  NO ALLOWANCE FOR MEALS SHALL  BE  CONSID-
 ERED  AS  PART  OF THE MINIMUM WAGE IF A MIGRANT SEASONAL EMPLOYEE EARNS
 LESS THAN $441.01 IN A TWO-WEEK PERIOD ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND NINETEEN, 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  $33.12  PER WEEK ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE-
 TEEN PER EMPLOYEE FOR SINGLE OCCUPANCY OR $22.12 PER WEEK ON  AND  AFTER
 JANUARY  FIRST, TWO THOUSAND NINETEEN 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  $8.74  A
 DAY  ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN FOR AN INDIVIDUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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