§ 674-A — Farm laborers wage board

§ 674-a. Farm laborers wage board. 1. Wage board. The commissioner\nshall hereby convene a farm laborers wage board. The wage board shall be\ncomprised of three members: one representative of the farm bureau, one\nrepresentative of the New York State AFL-CIO and one member appointed by\nthe commissioner, who shall be selected from the general public and\ndesignated as chairperson. The wage board shall hold its first hearing\nno later than March first, two thousand twenty. The members of the board\nshall not receive a salary or other compensation, but shall be paid\nactual and necessary traveling expenses while engaged in the performance\nof their duties.\n 2. Organization. Two-thirds of the members of the board shall\nconstitute a quorum. The chairperson may from time to time formulate\nrules governing the manner in which the wage board shall function and\nperform its duties under this article.\n 3. Powers. The wage board shall have power to conduct public hearings.\nThe board may also consult with agricultural employers and farm\nlaborers, and their respective representatives, in the occupation or\noccupations involved, and with such other persons, including the\ncommissioner and the commissioner of agriculture and markets, as it\nshall determine. The board shall also have power to administer oaths and\nto require by subpoena the attendance and testimony of witnesses, and\nthe production of all books, records, and other evidence relative to any\nmatters under inquiry. Such subpoenas shall be signed and issued by the\nchairperson of the board and shall be served and have the same effect as\nif issued out of the supreme court. The board shall have power to cause\ndepositions of witnesses residing within or without the state to be\ntaken in the manner prescribed for like depositions in civil actions in\nthe supreme court. The board shall not be bound by common law or\nstatutory rules of procedure or evidence.\n 4. Public hearings. Within forty-five days of the appointment of the\nwage board, the board shall conduct public hearings. The wage board\nshall only meet within the state and must hold at least three hearings\nat which the public will be afforded an opportunity to provide comments.\nAt least one Spanish language interpreter shall be present at each\npublic hearing to interpret oral testimony delivered in Spanish. Where a\nwitness reveals the need for an interpreter in a language other than\nSpanish, to the extent practicable, an interpreter in that language\nshall be provided. Any materials advertising such hearings shall be\nbilingual in English and Spanish. Any written materials disbursed at the\nhearing or subsequent to the hearing, including written testimony and\nhearing transcripts, shall be available in English, Spanish, and, to the\nextent practicable, any other language upon request.\n 5. Report. The wage board shall make a report to the governor and the\nlegislature, including its recommendations as to overtime work for farm\nlaborers. The report and recommendations of the board shall be submitted\nonly after a vote of not less than a majority of all its members in\nsupport of such report and recommendations. Such report shall be\nsubmitted no later than December thirty-first, two thousand twenty. The\novertime rates recommended by the wage board shall not be in excess of\nsixty hours, and the wage board shall specifically consider the extent\nto which overtime hours can be lowered below such amount set in law, and\nmay provide for a series of successively lower overtime work thresholds\nand phase-in dates as part of its determinations.\n 6. The wage board shall consider existing overtime rates in similarly\nsituated industries in New York state. Nothing contained in the wage\nboard's report or recommendations shall diminish or limit any rights,\nprotections, benefits or entitlements currently available to any farm\nlaborer.\n 7. The commissioner shall comply with section six hundred fifty-six of\nthis chapter upon receipt of the wage board's recommendations. The\ncommissioner may reconvene the same wage board or appoint a new wage\nboard in compliance with section six hundred fifty-nine of this chapter.\n