NY Lab L § 674-A (2021)
2021 New York Laws LAB - Labor Article 19-A - Minimum Wage Standards and Protective Labor Practices for Farm Workers 674-A - Farm Laborers Wage Board.

§  674-a.  Farm  laborers  wage board. 1. Wage board. The commissioner   shall hereby convene a farm laborers wage board. The wage board shall be   comprised of three members: one representative of the farm  bureau,  one   representative of the New York State AFL-CIO and one member appointed by   the  commissioner,  who  shall  be  selected from the general public and   designated as chairperson. The wage board shall hold its  first  hearing   no later than March first, two thousand twenty. The members of the board   shall  not  receive  a  salary  or other compensation, but shall be paid   actual and necessary traveling expenses while engaged in the performance   of their duties.2.  Organization.  Two-thirds  of  the  members  of  the  board  shall   constitute  a  quorum.  The  chairperson may from time to time formulate   rules governing the manner in which the wage board  shall  function  and   perform its duties under this article.3. Powers. The wage board shall have power to conduct public hearings.   The  board  may  also  consult  with  agricultural  employers  and  farm   laborers, and their respective representatives,  in  the  occupation  or   occupations  involved,  and  with  such  other  persons,  including  the   commissioner and the commissioner of  agriculture  and  markets,  as  it   shall determine. The board shall also have power to administer oaths and   to  require  by  subpoena the attendance and testimony of witnesses, and   the production of all books, records, and other evidence relative to any   matters under inquiry. Such subpoenas shall be signed and issued by  the   chairperson of the board and shall be served and have the same effect as   if  issued out of the supreme court. The board shall have power to cause   depositions of witnesses residing within or  without  the  state  to  be   taken  in the manner prescribed for like depositions in civil actions in   the supreme court. The board  shall  not  be  bound  by  common  law  or   statutory rules of procedure or evidence.4.  Public  hearings. Within forty-five days of the appointment of the   wage board, the board shall conduct  public  hearings.  The  wage  board   shall  only  meet within the state and must hold at least three hearings   at which the public will be afforded an opportunity to provide comments.   At least one Spanish language  interpreter  shall  be  present  at  each   public hearing to interpret oral testimony delivered in Spanish. Where a   witness  reveals  the  need  for an interpreter in a language other than   Spanish, to the extent practicable,  an  interpreter  in  that  language   shall  be  provided.  Any  materials  advertising such hearings shall be   bilingual in English and Spanish. Any written materials disbursed at the   hearing or subsequent to the hearing, including  written  testimony  and   hearing transcripts, shall be available in English, Spanish, and, to the   extent practicable, any other language upon request.5.  Report. The wage board shall make a report to the governor and the   legislature, including its recommendations as to overtime work for  farm   laborers. The report and recommendations of the board shall be submitted   only  after  a  vote  of  not less than a majority of all its members in   support of  such  report  and  recommendations.  Such  report  shall  be   submitted  no later than December thirty-first, two thousand twenty. The   overtime rates recommended by the wage board shall not be in  excess  of   sixty  hours,  and the wage board shall specifically consider the extent   to which overtime hours can be lowered below such amount set in law, and   may provide for a series of successively lower overtime work  thresholds   and phase-in dates as part of its determinations.6.  The wage board shall consider existing overtime rates in similarly   situated industries in New York state. Nothing  contained  in  the  wage   board's  report  or  recommendations shall diminish or limit any rights,   protections, benefits or entitlements currently available  to  any  farm   laborer. 7. The commissioner shall comply with section six hundred fifty-six of   this  chapter  upon  receipt  of  the  wage board's recommendations. The   commissioner may reconvene the same wage board or  appoint  a  new  wage   board in compliance with section six hundred fifty-nine of this chapter.