S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3395
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, BORRELLO, GALLIVAN, O'MARA -- 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 TWENTY-THREE.   NO  ALLOWANCE  FOR  MEALS  SHALL  BE
 CONSIDERED  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-THREE, 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-THREE PER EMPLOYEE FOR SINGLE OCCUPANCY OR $22.12  PER  WEEK  ON  AND
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE PER EMPLOYEE FOR MULTIPLE
 OCCUPANCY.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04562-01-3
              

 S. 3395                             2
 
 DAY ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE FOR  AN  INDI-
 VIDUAL  EMPLOYEE, AND $13.99 A DAY ON AND AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-THREE 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.