Authorizes the commissioner of labor to modify the existing minimum wage orders for farm workers to reflect the increase in the hourly minimum wage

Title of bill

An act to amend the labor law, in relation to the modification of wage orders for farm workers

Purpose

To provide the same automatic increase in allowances to farm employees that are currently provided to non-farm employees.

Summary of provisions

Section one - amends article 19-a of the labor law to provide for an automatic update of allowances when the basic minimum wage rate is increased

Section two - contains the effective date

Existing law

Article 19-A of the Labor Law does not currently provide a mechanism for an automatic update of allowances when the basic minimum wage rate is raised.

Justification

Many farmers in New York provide meals, lodging and other items to their employees. Department of Labor regulations provide for the amount of the allowances which are considered as part of the basic minimum wage rate. These allowances have not been updated since 1992. For example, the current allowances for meals are $1.70 per meal and for housing is $18.95 per week for single occupancy or $12.65 per week for multiple occupancy. When a house or apartment and utilities are furnished by an employer the rate is $5 per day for an individual employee and S8 per day when the employee's family resides with the employee.

Since 1992, the cost of living and the minimum wage rate have increased significantly in New York State. After 15 years, it is necessary for New York to provide an increase in these allowances and to also establish a mechanism by which these allowances are automatically updated as the basic minimum wage rate increases

Legislative history

2007/08: S.4911 Labor; A.8825 Labor

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.