Multiple groups, including State Senator George Borrello, are speaking out against the Farm Laborers Wage Board‘s vote to recommend a decrease in overtime threshold for farm workers.
The board voted 2 to 1 Tuesday to lower the threshold from the current 60 hours per week to 40 hours per week over 10 years.
New York Farm Bureau President David Fisher was the sole no vote on the final report on the overtime threshold, saying the report is not a full and accurate depiction of the data and testimony gathered during the two-year long process. He said it includes a lack of significant economic data as well as detailed testimony from farmers, farm workers, and agricultural experts.
Senator Borrello issued a statement saying, “It was unfair and unethical of the Legislature’s majorities and New York’s former governor to require this decision of three unelected individuals, two-thirds of whom lack any agriculture background. While well-meaning individuals, these board members are ill equipped to render sound, informed decisions concerning this critically important industry. ”
Members of the Grow New York Farms Coalition called on Governor Kathy Hochul and Department of Labor Commissioner Roberta Reardon to reject the report and maintain the current overtime threshold at 60 hours per week.
Like Fisher, Grow NY said that the report is flawed that that it downplayed testimony and data from farm workers, farmers, and researchers from Cornell University, while also omitting reference of workforce training and workplace protections already in place.
The board’s final 21-page report reviews various testimony and cites several reasons for its recommendation, including the physical and emotional toll on farm workers, the economic impacts to the agricultural economy and equity and racial justice.
According to the report, if the recommendation is approved, New York will join California and Hawaii as states that have 40 hours as the threshold for overtime for farm workers.
Three tax credits were passed by the State Legislature and signed by Hochul this year in anticipation of the adoption of the lower overtime threshold recommendations. These include an Investment Tax Credit that was increased from four to 20% for farm businesses, the Farm Workforce Retention tax credit that was increased to $1,200 per employee, and a Refundable Overtime Tax Credit was established for overtime hours paid by farm employers.
Once the board delivers its report, Department of Labor Commissioner Reardon will have 45 days to review and announce her decision. Within five days of receipt, DOL will publish notice in at least 10 newspapers of general circulation in the state. Any objections to the report and recommendations can be sent to the Commissioner within 15 days after such publication.
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