S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9797
 
                           I N  A S S E M B L Y
 
                              April 12, 2022
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee 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 TWENTY-TWO.  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 TWENTY-TWO, 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  TWEN-
 TY-TWO PER EMPLOYEE FOR SINGLE OCCUPANCY OR $22.12 PER WEEK ON AND AFTER
 JANUARY  FIRST,  TWO THOUSAND TWENTY-TWO PER EMPLOYEE FOR MULTIPLE OCCU-
 PANCY. 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 TWENTY-TWO FOR AN INDIVID-
 UAL EMPLOYEE, AND $13.99 A DAY ON AND AFTER JANUARY FIRST, TWO  THOUSAND
 TWENTY-TWO 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05853-03-2