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 reducing by 4 hours every other year until reaching 40 hours in 2032.

Beginning in 2020, the Farm Laborers Wage Board held public hearings to gather testimony from farm owners, workers, advocacy groups, and academic researchers. 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.

Civil and labor rights experts and advocates argued that farm workers should be entitled to a 40-hour work week like the rest of the workforce.

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

These include increasing the Investment Tax Credit from 4 percent to 20 percent for farm businesses, providing an encouragement for 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.

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.

State Senator George Borrello issued a statement saying, “While not a surprise, the Commissioner of Labor’s final approval of the recommendation to lower the farm worker overtime threshold to 40 hours per week ends any hope that facts and common sense might somehow prevail on this issue.

We fought long and hard against this decision for more than two years. However, it became apparent during the process that the ‘decision’ had been made before a single hearing was held.

Our farmers are among the growing list of casualties of the politically driven agenda that governs every consequential action here in New York State. The costs of this decision will go beyond the balance sheet. Family legacies, rural economies and the strength of our food supply chain will be impacted by this historically bad decision in the years ahead.”

For more information about the new regulations, visit the Farm Laborers Wage Board website at https://dol.ny.gov/farm-laborers-wage-board