Farm Bureau President David Fisher and Public Policy Director Jeff Williams said the major issues are based on member approved public policy positions.

Their first priority is asking New York State lawmakers to replenish the Unemployment Insurance Trust Fund. Williams said this has been a big issue for Farm Bureau members who have been saddled with assessment charges on their quarterly contributions to the unemployment insurance fund.

New York State borrowed billions from the federal government during the pandemic to cover increased Unemployment Insurance costs. New York has been the only state that has not begun to make payments on the debt or interest, and instead passing those costs on to employers.

Williams said members are also concerned about efforts to raise the minimum wage once again. Minimum wage increased a dollar an hour at the end of the year for upstate New York and will possibly be raised to $15 by the end of this year. The farm overtime threshold will begin to drop as well next year.

The Farm Bureau is also looking to maintain funding for important animal health, promotion, and research programs along with full funding for the Environmental Protection Fund. Williams said the EPF is responsible for helping farms implement best management practices that include soil health and nutrient management programs that protect land and waterways. He said this also includes efforts to help farms meet the state’s climate goals.

The Bureau is also hopeful the governor’s proposal for a refundable investment tax credit is included in the final budget. They said this will incentivize investment.

Continued funding for the Nourish New York program and legislation allowing for direct-to-consumer shipping for New York produced farm beverages, including beer, cider, and distillates are also on the agenda.

State Department of Labor Commissioner Roberta Reardon has approved a recommendation from the Farm Laborer Wage Board to reduce the overtime threshold from 60 hours to 40 hours that will be phased in over a ten-year time period.

Three tax credits were passed by the State Legislature and signed by Governor Kathy 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.

Advocates for farmworkers have pushed for the change, calling it a necessary way of including agriculture workers in a nearly century-old labor law. But farmers have been angered by the effort to lower the overtime threshold, calling it out of touch with the ways of a working farm and warning it could have dire financial consequences for them.

State Senator George Borrello issued a statement saying the decision will “..spell the end for many farms in this once-vibrant industry and force others to scale down production, increase automation or relocate. Farm workers have repeatedly said that this move will force them to seek work in other states where they can work without limits on their earnings.”

New York Farm Bureau President David Fisher, who was the only member of the Farm Laborer Wage Board to vote against the overtime recommendation, also issued a statement saying, “This is a difficult day for all those who care about New York being able to feed itself. Commissioner Reardon’s decision to lower the farm labor overtime threshold will make it even tougher to farm in this state and will be a financial blow to the workers we all support.

Moving forward, farms will be forced to make difficult decisions on what they grow, the available hours they can provide to their employees, and their ability to compete in the marketplace. All of this was highlighted in the testimony and data that the wage board report and the commissioner simply ignored.”

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.

The decision was swiftly criticized by the agricultural industry and the Republican Party.

The Albany Times-Union reports, the decision, 2-to-1 vote of the panel, would lower the current 60-hour overtime threshold for farm laborers over a 10-year period, which would reach 40 hours by 2032. The board agreed to lower the threshold by four hours per week every two years beginning in 2024.
The board’s decision will be sent to state Department of Labor Commissioner Roberta Reardon, who has the final say and could modify the recommendations.

A proposed overtime tax credit for farm owners by Governor Kathy Hochul in her budget did not play into the deliberations of the board. Advocates on both sides of the issue could not explain the complicated tax credit proposed; the state Division of Budget declined to explain the credit.

The vote came quickly and appeared to surprise board member and Farm Bureau President David Fisher. It followed nearly 12 hours of meetings this month, most of that public comment.

A majority of the comments were in favor of not lowering the threshold and came primarily from farm owners, who said that the change could cause the collapse of not only their family-run business but the industry at large.

The comments from farm owners, buoyed by the state Farm Bureau and a coalition supporting the bureau, were dramatically different from what civil and labor rights experts, advocates and activists proposed. The labor advocates argued that farm workers should be entitled to a 40-hour work week like the rest of the workforce.

State Senator George Borrello released a statement saying, “The Farm Laborers Wage Board and the Democrat One-Party-Rule which empowered them have dealt a potentially fatal blow to the livelihoods of New York State’s hard working farm families with the devastating decision to recommend lowering the farm worker overtime threshold to 40 hours per week. This move will spell the beginning of the end for many farms in this once-vibrant industry and force others to scale down production, increase automation or relocate.”

“It is tragic that New York’s farmers and agricultural industry have been sacrificed for political expediency. This fall, data from an independent report by Cornell and presented to the Department of Agriculture and Markets made it clear that lowering the threshold will benefit no one and will force both farmers and farm workers to seek their livelihoods in other states or occupations. Yet, as we’ve seen countless times in the past three years, facts and common-sense carry little weight under Democrat One-Party Rule.

The New York Farm Bureau is scheduled to hold a press conference this morning to discuss Friday’s Farm Labor Wage Board overtime threshold decision.

The Farm Workforce Modernization Act would streamline the federal government’s H-2A guest-worker program by which growers hire farm workers.  The legislation would also create a merit-based visa program for agricultural workers to earn legal status through their continued employment. Supporters say that will help fill the gap between workers’ availability and the demand for year-round workers, particularly in dairying and horticulture. They also say the existing H-2A guest-worker program does not meet businesses’ employment requirements and has long needed change.

House members voted 260-165 to pass the bill with Congressman Tom Reed (R-Corning) among those who voted in favor of it. Reed’s office said the bill was also endorsed by the Problem Solvers Caucus, of which the Corning Republican serves as co-chair.

“I hear it every time I step on family farms in Upstate New York — ‘when is Washington going to do something about access for farm labor?’” Reed said in a media release sent out Wednesday night. “This common sense bipartisan compromise is a step in the right direction for this decades old problem, and will deliver relief to the farmers we care about across the nation to give them fair access to workers they need to prosper. I am proud the Problem Solvers Caucus could get behind this bill as we pushed it over the finish line in the House and onto the Senate.

“However, this is just the start of immigration reform. We must secure our southern border and continue to fight to ensure a merit-based system is fully implemented – such as the one proposed by President Trump this spring,” Reed concluded.

Over 300 agriculture organizations from around the country also supported the bill, including the New York Farm Bureau (NYFB).

“New York Farm Bureau is encouraged by the swift movement on the Farm Workforce Modernization Act in the U.S. House. We appreciate the bipartisan support from many members of New York’s congressional delegation, and we now call on the U.S. Senate to support the bill as well,” said David Fisher, New York Farm Bureau President.

“Access to a reliable workforce is a critical issue for Upstate New York dairy farmers like me,” said family farmer David White from Clymer. “I milk my cows 365 days a year. Current agricultural visa programs are seasonal and therefore don’t provide a solution to dairy’s unique challenges. I commend Congressman Tom Reed for his work to support and pass the bipartisan Farm Workforce Modernization Act to address this critical issue for our Upstate economy.”

“NYFB is still advocating for some changes to improve the legislation, including to the cap on year-round guest worker visas, ensuring a fair and competitive wage rate, and establishing a workable threshold for agricultural employment. Regardless, this legislation would take a significant step to ensure that New York agriculture is positioned to have a sustainable and reliable workforce that will support our rural economy,” added Fisher.

The New York Farm Bureau, along with the New York State Department of Agriculture and Markets Commissioner, Richard Ball, and Farmers for Free Trade gathered at the New York State Fair on Thursday to discuss their concerns.

According to the group, a number of New York commodities – including dairy, soybeans, wine, maple and apples – face retaliatory tariffs in several countries including China, Canada, Mexico and in the European Union.

“We understand that trade agreements may need to be updated, but we have to be careful not to damage the relationships that we already have and depend on,” said New York Farm Bureau President David Fisher. “We are encouraging our leaders in Washington, to move quickly at getting the parties back to the negotiating table, much like we have seen this week with Mexico, and to move forward on improving trade relations with our partners.”

As a result, prices for those products have fallen, while equipment prices are rising due to steel and aluminum tariffs.

As a result, the group say farmers are concerned about losing long established markets as countries turn to other, cheaper sources for their food.

“The tariffs being imposed on our agricultural commodities are compounding an already difficult marketplace and putting New York’s farmers in a precarious situation.  Once these markets are lost, we could find it extremely difficult to regain that footing. We have an opportunity here to collaborate with our partners and to call for new free trade agreements and thoughtful, long-term solutions,” said Ball.

Rep. Tom Reed (R-Corning)

WASHINGTON – Congressman Tom Reed (R-Corning, NY 23) is offering his thoughts on the $12 billion farm relief package being proposed by the Donald Trump administration through the U.S. Department of Agriculture.  The aid is intended to provide short term financial assistance struggling farmers as they deal with retaliatory tariffs keeping their products from being shipped overseas.

The tariffs that have been imposed by China, Mexico, and other countries are in direct response to tariffs that have been imposed by President Trump as he tries to “level the playing field” for American business.

Reed said he supports the $12 billion aid package, adding that he also supports the president’s strategy of disrupting international trade in an effort to give the U.S. a better long-term deal.

“This trade policy by the Trump administration is a new, disruptive force, but we recognize as you go down this disruptive path, there are going to be some potential short term consequences to it, and our farming communities are an example of that potential impact,” Reed said. “So having the [$12 billion] relief that the president has put on the table is a recognition of this by the administration and I’m supportive of it. It says to those farmers seeing the negative effects of this trade policy on the short term, that we will give them the relief and stand with them as we go through this.”

Specific details on how the $12 billion will be allocated have not been provided, but Reed said some of that money will go to help dairy farmers and other growers in the 23^rd congressional district.

Meanwhile the New York Farm Bureau has said it would prefer the president work to lift the tarrifs that have been imposed, rather than provide short-term relief aid.

“Secretary Perdue has followed up on his word to address the huge impact that this has had on farmers, which is reflected in the size of the relief program. However, in the end, what our farmers are asking for are open markets to sell the quality products they produce. We hope that the trade matter will quickly be resolved because short term relief can only go so far when farmers need to plan for the long term, said David Fisher, New York Farm Bureau President in a statement released earlier this week.