12 CRR-NY 190-1.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER II. DIVISION OF LABOR STANDARDS
SUBCHAPTER F. MINIMUM WAGE ORDER FOR FARM WORKERS
PART 190. MINIMUM WAGE ORDER FOR FARM WORKERS
SUBPART 190-1. COVERAGE
12 CRR-NY 190-1.3
12 CRR-NY 190-1.3
190-1.3 Definitions.
Wherever used in this order:
(a) Employer means any individual, partnership, association, corporation, cooperative, business trust, legal representative or organized group of persons acting as an employer of an individual engaged or permitted to work on a farm. If a farm labor contractor recruits or supplies farm workers for work on a farm, such farm workers shall be deemed to be employees of the owner, lessee or operator of such farm.
(b) Employee includes any individual engaged or permitted by an employer to work on a farm, except:
(1) the parent, spouse, child or other member of the employer's immediate family;
(2) a minor under 17 years of age employed as a hand harvest worker on the same farm as the minor's parent or guardian and who is paid on a piece-rate basis at the same piece rate as employees 17 years of age and over;
(3) an individual employed by the Federal, State or municipal government or a political subdivision thereof; and
(4) for that part of the working time covered by the provisions of another minimum wage order promulgated by the commissioner.
(c) Commissioner means the Commissioner of Labor of the State of New York.
(d) Basic minimum hourly wage means, in:
(1) New York City for:
(i) Large employers of 11 or more employees:
$11.00 per hour on and after December 31, 2016;
$13.00 per hour on and after December 31, 2017;
$15.00 per hour on and after December 31, 2018;
(ii) Small employers of 10 or fewer employees:
$10.50 per hour on and after December 31, 2016;
$12.00 per hour on and after December 31, 2017;
$13.50 per hour on and after December 31, 2018;
$15.00 per hour on and after December 31, 2019;
(2) Remainder of downstate (Nassau, Suffolk and Westchester counties):
$10.00 per hour on and after December 31, 2016;
$11.00 per hour on and after December 31, 2017;
$12.00 per hour on and after December 31, 2018;
$13.00 per hour on and after December 31, 2019;
$14.00 per hour on and after December 31, 2020;
$15.00 per hour on and after December 31, 2021;
(3) Remainder of State (outside of New York City and Nassau, Suffolk and Westchester counties):
$9.70 per hour on and after December 31, 2016;
$10.40 per hour on and after December 31, 2017;
$11.10 per hour on and after December 31, 2018;
$11.80 per hour on and after December 31, 2019;
$12.50 per hour on and after December 31, 2020.
(4) If a higher wage is established by Federal law pursuant to 29 U.S.C. section 206 or its successors, such wage shall apply.
(e) Minimum hourly wage means the basic minimum hourly wage less allowances and deductions permitted by this order.
(f) Farm includes stock, dairy, poultry, fur-bearing animal, fruit and truck farms; plantations; orchards; nurseries; greenhouses and similar structures used primarily for the raising of agricultural or horticultural commodities.
(g) Employed on a farm means the services performed by an employee on a farm in the employ of the owner, lessee or operator of a farm in connection with:
(1) cultivating the soil;
(2) raising or harvesting any agricultural or horticultural commodity, including the raising or hatching of poultry, the raising, shearing, feeding, caring for, training, management of livestock, bees, fur-bearing animals and wildlife;
(3) the production or harvesting of maple syrup or maple sugar;
(4) the operation, management, conservation, improvement or maintenance of a farm and its tools and equipment;
(5) the operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for removing, supplying and storing water for farming purposes;
(6) the handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to market or to a carrier for transportation to market, of any agricultural or horticultural commodity raised on the employer's farm.
(h) Employed on a farm does not include services performed in connection with commercial canning, freezing, grading or other processing of any agricultural or horticultural commodity not raised on the employer's farm.
(i) Migrant seasonal employee means an individual whose employment is not on an all-year basis and who is housed in a farm labor camp as defined in section 212-c(3) of the Labor Law.
(j) Meal means the provision of adequate portions of a variety of wholesome, nutritious foods, including at least one of the types of food from each of all four of the following groups:
(1) fruits or vegetables;
(2) cereals, bread, pasta or potatoes;
(3) eggs, meat, fish or poultry; and
(4) milk, tea or coffee;
except that, for the breakfast meal, group (3) may be omitted if two foods from group (2) are provided.
(k) Lodging includes room, house or apartment and means living accommodations which meet generally accepted standards for protection against fire, and all structural, sanitation, and similar standards in State and local laws, codes, regulations and ordinances applicable to the premises.
(l) Work agreement means a job service recruitment or placement order; a farm labor contract or migrant labor registration; an agricultural employment contract executed by the employer or its representative with the Commonwealth of Puerto Rico or with the representatives of a foreign government; an agreement voluntarily entered into by the employer and the worker; or any comparable agreement.
(m) Working time means the hours that an employee is permitted to work or is required to be available for work at the assigned place of work, and shall include time spent in going from one field to another, in waiting for baskets, pickup or breakdown of machinery or equipment where the employer requires the employee to remain at the site of the breakdown during repairs. Time not worked because of weather conditions shall not be considered as hours worked. An employee who lives on the premises of the employer, or in comparable facilities at the work site, shall not be considered to have worked or to have been available for work:
(1) during normal sleeping hours solely because the employee is required to be on call during such hours; or
(2) at any other time when the employee is free to leave the place of employment.
12 CRR-NY 190-1.3
Current through June 30, 2021
End of Document