Workers outside of New York City, Long Island, and Westchester County will see an increase by $1.00 per hour, from $13.20 to $14.20. Additionally, the minimum wage for home care aides, which took effect on October 1, 2022, will also increase by $1.00 to $16.20 per hour in counties in upstate New York.

Governor Kathy Hochul said, “With inflation and a national labor shortage impacting our state’s economy, my team is doing everything possible to put money in New Yorkers’ pockets and address the rising cost of living.”

New York State Department of Labor Commissioner Roberta Reardon said, “By raising the minimum wage, we are helping to lift up our neighbors across New York State. Advancing the multi-year increases has helped businesses adjust to the steady changes while providing low-wage workers the ability to better support themselves and their families.”

Reardon issued an Order calling for the minimum wage rate increase in counties outside of New York City, Long Island, and Westchester following a statutorily required economic analysis conducted by the New York State Division of the Budget.

An estimated 200,000 New Yorkers in these upstate counties will benefit from this wage increase, 44% of which are full time workers and of those, nearly 25% are supporting children below age 18. In addition, this increase will help to close the gender pay gap, providing an estimated 110,000 women with greater financial stability.

To learn more about the minimum wage for home care aides, read the Home Care Aides Fact Sheet at https://dol.ny.gov/system/files/documents/2022/10/p105-home-health-aide-10-5-22.pdf

Workers who are not getting paid what they are entitled to under New York State’s new minimum wage laws, should report it to the State Department of Labor’s Division of Labor Standards by calling 1-888-469-7365.

Minimum wage

New York State Department of Labor Commissioner Roberta Reardon issued the order calling for the increase for counties outside of New York City, Long Island, and Westchester to rise by $1 per hour. The current rate is $13.20.

The decision comes following a required economic analysis by the State Division of Budget which found evidence of pressure for wages to rise in the midst of a continued pandemic-driven labor shortage.

Key findings from the DOB’s report include that regional unemployment rates outside of New York City are at historic lows. The 3.1 percent rate for this area for the four months from April through July 2022 is the lowest in the history of the data going back to 1976 and is lower than the national 3.5 percent rate for the same month.

Also, low-wage industries are over-represented among the State’s remaining job losses due to the early impact of the pandemic. Although the minimum wage workers’ share is likely to rise as the low-wage sector recovery proceeds, the size of the minimum wage workforce is likely to continue to be constrained by a rise in entry-level wages as firms compete for workers.

The report also found that New York is experiencing a job gap of 351,000 relative to its pre-pandemic peak. Anecdotal evidence combined with alternative data sources argue that labor shortages could account for much of New York’s remaining job gap, particularly Upstate.

Like the rest of the nation, the New York labor market is expected to continue to slow in the coming months, with employment growth projected to slow from 4.3 percent in 2022 to 0.8 percent in 2023. State employment is not expected to reach its pre-pandemic level until 2026

A wage increase would affect about 200,000 workers, 44% of whom are full-time employees. About 25% support children under the age of 18.

A public comment period is now open on the order. Feedback may be e-mailed to regulations@labor.ny.gov by December 11, 2022.

If accepted, the wage increase would take effect on December 31, 2022.

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.

ALBANY – The New York State Department of Labor (DOL) announced on Monday the launch of a new application for New Yorkers to apply for traditional Unemployment Insurance or the new COVID-19 Pandemic Unemployment Assistance.

“This one-stop-shop for unemployment benefits will connect New Yorkers with the benefits they deserve faster, without requiring them to call the Department of Labor,” the DOL said in a media release sent out Monday morning. 

Prior to Monday, New Yorkers were required to apply for regular Unemployment Insurance and be rejected before applying for Pandemic Unemployment Assistance. The state said this was due to “cumbersome federal guidelines.” However, with the new application – which aligns with updated federal policy – New Yorkers will be able to simply fill out one form to get the correct benefits.

In conjunction with the rollout of the improved application, DOL has been deploying over 3,100 representatives solely dedicated to answering unemployment benefit needs seven days a week. This is up from 400 who previously manned the DOL call center prior to the pandemic.

Since the COVID-19 crisis began, DOL has paid approximately $2.2 billion in Unemployment Insurance benefits to 1.1 million New Yorkers. The application call backlog prior to April 8 has been reduced to 4,305 from 275,000.

“I have been unemployed before myself, and I understand the pain, fear and anxiety New Yorkers are facing. The DOL’s mission is to help our neighbors through some of their toughest days, and in the last week we have made great strides in updating our systems,” NYS Department of Labor Commissioner Roberta Reardon said. “While it appears the coronavirus pandemic is beginning to stabilize — at least from the public health perspective — we know that many New Yorkers are still facing an uncertain economic future, and the Department of Labor will continue to dedicate every resource available to helping New Yorkers weather this storm.”

The updated unemployment benefits application system, available here, will determine which unemployment program — unemployment insurance or Pandemic Unemployment Assistance — New Yorkers should apply for and then prompt them to answer a specific set of questions.  

The Pandemic Unemployment Assistance (PUA) program, which was included in the Federal CARES Act, provides unemployment benefits for individuals who are ineligible for traditional unemployment insurance. Examples of those covered by PUA include:

• Self-employed New Yorkers;
• Independent contractors;
• New Yorkers who worked for an app-based company (i.e. “gig workers”)
• Farmers;
• Those diagnosed with COVID-19 or who have COVD-19 symptoms and are seeking a diagnosis;
• Those living with a household member who has been diagnosed with COVID-19;
• Those providing care for a family or household member diagnosed with COVID-19;
• A primary caregiver for a child unable to attend school or another facility due to COVID-19;
• Those unable to reach their place of employment due to an imposed quarantine or because they have been advised by a medical provider to self-quarantine due to COVID-19;
• Those scheduled to commence new employment that cannot reach their workplace as a direct result of COVID-19;
• Those who became a major breadwinner because the head of their household died from COVID-19;
• Those who quit their job as a direct result of COVID-19;
• Those whose place of employment closed as a direct result of COVID-19;
• Those with insufficient work history and affected by COVID-19; and
• New Yorkers otherwise not qualified for regular or extended UI benefits and affected by COVID-19

In addition, New Yorkers concerned about food insecurity are reminded that resources are available across the state. Anyone looking for assistance can find a local food bank, including those supported by New York State, by visiting Feeding America’s website.

New Yorkers seeking to file an unemployment insurance claim should visit labor.ny.gov or call the Telephone Claim Center at (888) 209-8124.