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Elected reps critical of farm labor overtime regs

By Joseph Abraham
Posted 2/28/23

SULLIVAN COUNTY –– The New York State Department of Labor (NYSDOL)  recently announced the adoption of the final farm labor overtime regulations, which will lower the overtime …

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Elected reps critical of farm labor overtime regs

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SULLIVAN COUNTY –– The New York State Department of Labor (NYSDOL)  recently announced the adoption of the final farm labor overtime regulations, which will lower the overtime threshold which is currently 60 hours to 40 hours by 2032. Some have argued in favor of the new regulations, while others have been critical of the effect they believe it will have on local farmers.

The phased-in, gradual reduction in the overtime pay threshold will begin on January 1, 2024, with the threshold set at 56 hours. The process will continue with the overtime threshold limit lowering by four hours every other year until reaching 40 hours in 2032.

“These new regulations ensure equity for farm workers, who are the very backbone of our agriculture sector,” said New York State Department of Labor Commissioner Roberta Reardon. “By implementing a gradual transition, we are giving farmers time to make the appropriate adjustments. These new regulations advance New York State’s continued commitment to workers while protecting our farms.”

Elected reps react

U.S. Representative Marc Molinaro (NY-19) said the new overtime rule could deliver a “death blow” to local farmers.

“This is a sad day for agriculture in New York State. Local farmers are already feeling the squeeze with record-high fertilizer prices, skyrocketing fuel costs, and severe workforce shortages,” said Molinaro. “For some farmers, Albany’s new rule will make things even tighter. For others – this is a death blow.”

“Earlier this year, I took action to introduce a bill that prevents Albany’s overtime rule from taking effect,” he added. “Getting this bill signed into law is urgent. Farmers in Upstate New York desperately need relief – not more economic burdens.”

NYS Senator Peter Oberaker (NY-51) was also critical of the new threshold.

“The Department of Labor Commissioner’s decision to rubber stamp a reduction in the farmworker overtime threshold is another kick in the teeth to the men and women who work the land and deliver food to our tables,” he said. “One-party-rule in Albany continues to fail to understand or care about what it takes to operate a farm in New York State.

 “I have met with farmers throughout my senate district and know they are already struggling to make ends meet,” he added. “Ever increasing state mandates, out of control inflation, and now another devastating blow that will increase costs and reduce production could very well be the end of many family farms.” 

NYS Assemblywoman Aileen Gunther said while she understands that workers need a fair wage and that their hard and long hours should be fairly compensated, she also feels for our area’s small farmers who “already struggle to make ends meet.”

“When I met with our farmers and our workers, both were opposed to these changes,” she said. “We need to do more as a state to help and maintain the small farms we still have left. They are the backbone of our communities, and the last thing they need is new regulations costing them more money they don’t have.”

Tax credits

Beginning in 2020, the Farm Laborers Wage Board held public hearings to gather testimony from farm owners, workers, advocacy groups, and academic researchers. Recordings of these hearings and additional materials are available on the NYSDOL’s website.

The Governor and the New York State Legislature recently enacted new tax credits to assist farm employers to ease the implementation of the lower overtime standard. 

These include the Investment Tax Credit being increased from four percent to 20 percent for farm businesses, aimed at  encouraging potential automation of farm production; The Farm Workforce Retention Tax Credit was increased to $1,200 per employee to provide near-term relief to farmers; and a refundable tax credit was established for overtime hours paid by farm employers at the level established by the new regulation up to 60 hours.

For more info about the new regulations, visit the Farm Laborers Wage Board website.

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