New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter I - Certification For Recruitment And Employment Of Farm Workers
Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits
Section 197.9 - Payroll records, wage statement and commissary record requirements
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Every farm labor contractor and every grower or processor who does not utilize the services of a farm labor contractor shall keep payroll records, for each worker, of wage rates, wages earned, number of hours worked and, if the worker is paid on a piecework basis, the number of units produced, all withholding from wages, and the net wages paid. Every farm labor contractor and every grower or processor who does not utilize the services of a farm labor contractor shall give to each worker, with every payment of wages, a written statement showing the worker's wage rate, wages earned, number of hours worked and, if the worker is paid on a piecework basis, the number of units produced, all withholdings from wages, and the net wages paid. If a farm labor contractor fails to comply with the provisions of this section, the commissioner shall notify the grower or processor who utilizes the services of such farm labor contractor, and responsibility for compliance shall thereafter be imposed on such grower or processor with the same force and effect as though the grower or processor were primarily responsible for compliance.
(b) Every commissary operator shall maintain a listing of the charges made by the commissary operator to each farm worker. The records shall show the charges for meals and lodging provided to the worker by the commissary operator and deductions made from the wages of the worker for the benefit of the commissary operator. The records shall list the name of the grower or processor by whom the worker was employed.
(c) Such payroll records and commissary records shall be kept in the manner prescribed by the commissioner, and shall be available for inspection by the commissioner or his duly authorized representative at any reasonable time. The records shall be maintained for a period of at least three years.
