What's happening
This bill allows certain meal, lodging, and utilities costs to count toward farm worker minimum wage, with annual cost-of-living adjustments.
Why it matters
Employers can now count specific amounts for meals, lodging, and utilities provided to farm workers toward meeting the minimum wage requirement. , potentially reducing the cash wages paid if these in-kind benefits are offered.
Annual cost-of-living adjustments ensure that the value of these credits keeps pace with inflation. , which could impact both employer labor costs and worker take-home pay over time.
Migrant seasonal employees are treated differently from other farm workers: they cannot have lodging or utilities deducted as part of minimum wage calculations. , and meal deductions only apply if they earn above a set threshold, offering them some extra protections.
The bill sets explicit dollar limits for allowable deductions (e.g., $2.97 per meal, $33.12 per week for single occupancy lodging). , which provides clarity for employers but could also cap the value recognized for higher-cost accommodations or meals.
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Headline styles
Adjust Farm Worker Wage Credits
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
2 Co-sponsors
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Set Farm Worker Meal, Housing Rates
In Assembly Committee · Labor · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5412
2019-2020 Regular Sessions
IN SENATE
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 lodging minimum wage credits
The People of the State of New York, represented in Senate and Assembly, 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 calculator, 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 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 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 nineteen per employee for single occupancy or $22.12 per week on and after January first, two thousand nineteen 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 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
S. 5412 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to farm worker meal and lodging minimum wage credits
Purpose
To increase the farm worker meal and lodging minimum wage credit to better reflect the rate of inflation
Summary of provisions
Section 1: Amends section 673 of the labor law to add a new subdivision 3.
Section 2: Effective date.
Justification
Farmers often provide housing, utilities, and meals at no charge to their workers, which supplements the pay of their valued employees. While Part 190 of the Department of Labor regulation establishes allow- ances for these benefits towards the minimum wage, they have not been updated since 1992 and thus are significantly undervalued in today's economy.
This legislation would adjust these allowances for inflation and the farmers who do provide meals, housing, and utilities at no cost to the employees would receive an appropriate allowance, not an outdated 1992 allowance.
Legislative history
Assembly 2018 - A8625A - Referred to Labor Senate 2018 - 56907A - Referred to Labor
Fiscal implications
None to the state.
Effective date
This act shall take effect on the thirtieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.