S T A T E O F N E W Y O R K
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7616
2019-2020 Regular Sessions
I N A S S E M B L Y
May 14, 2019
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Introduced by M. of A. LUPARDO -- 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 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.
LBD02945-02-9
A. 7616 2
EMPLOYEE, AND $13.99 A DAY ON AND AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN 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.