In January, the New York State Farm Labor Wage Board will revisit the threshold set in 2019 and make a determination on whether to lower the threshold to 40 hours.

In their letter to the Wage Board, the Republican legislators cited a recent study conducted at Cornell University. The study found that if the overtime threshold was lowered to 40 hours, two-thirds of dairy farmers would make significant changes to their operation, including leaving the industry or investing out of state, and half of fruit and vegetable farmers indicated they would decrease their operations or exit the industry.

Committee Ranking Member State Senator George Borrello said “If the overtime threshold were lowered to 40 hours, this already-strained industry would reach the breaking point, as a recent study by Cornell affirmed. With their ‘extra’ already depleted by burdensome and costly policies, even the most resilient of these New Yorkers would be forced to relinquish labor-intensive dairy or crops operations, relocate to other states or abandon agriculture entirely. I urge the members of the Wage Board to listen to researchers as well as those on the front lines, including farm workers, and reject any overtime changes.”

The COVID-19 pandemic has presented unique challenges for all New Yorkers and crippled our economy – in particular our restaurants and hospitality businesses in New York State. Hundreds of thousands of New Yorkers work in this industry, including many hourly and tipped wage employees, and wait staff, bartenders, and hotel workers have counted heavily toward the state’s skyrocketing unemployment numbers since the onset of the pandemic last year. State coffers have also suffered, as the hospitality industry is the number one source of sales tax revenue in New York City, and number two in the state.

“Unfortunately, our Governor does not seem to understand how important these restaurants, hotels, and their employees are to making our economy function. Using his executive authority, the Governor has put extremely damaging and burdensome restrictions on the industry without outlining any plan for how government will help reverse the damage it created. The Senate Democrats have been a voiceless non-entity in this situation, devoid of any plan of their own or proactive initiative to help. It’s high time state government – including the State Senate – roll up our sleeves and begin to restart, rethink, and renew our commitment to restaurants and hospitality businesses to make our State thrive again,” said Senator Borrello.

The cornerstone of the package of legislation advanced by the Senate Republicans today includes a comprehensive bill, sponsored by Senator Borrello, to provide relief to business owners and employers affected by the COVID-19 pandemic. The bill would:

• Exempt small businesses from being penalized with higher unemployment insurance rates due to layoffs resulting from COVID-related, government-mandated closures. The exemption would extend for a period of one year from when they are permitted to return to full capacity;
• Prohibit internet-based food delivery services from charging higher fees than they charged on or before March 1, 2020;
• Provide small businesses additional time to pay monthly sales and payroll taxes, as well as, business and property taxes;
• Offer interest-free loans or lines of credit to small businesses;
• Provide a one year extension for renewal of liquor licenses; and
• Provide businesses a 90 day grace period to pay any fees or penalties due to state and local agencies.

Also included in the plan announced by the Senate Republican Conference were pieces of legislation that would:

• Direct SLA-inflicted fines into a business relief fund to help small businesses get back on their feet (Senator Mike Martucci);
• Provide for a credit on liquor license renewals for the amount of time bars and restaurants were forced to be shut down due to the COVID-19 pandemic (Senator Joseph Griffo);
• Create a limited state sales tax exemption for the sale of food and drink at restaurants and taverns from state sales and compensating use taxes and granting municipalities the option to grant such limited exemption (Senator Daphne Jordan);
• Provide a tax check off box that will direct funds into a business relief fund (Senator Mario Mattera); and
• Create an employee retention tax credit, modeled after the Federal Employee Retention Credit, to help employers keep workers on payroll (Senator Peter Oberacker).

“This package of legislation includes necessary measures to help our restaurants and hospitality industry get back on their feet after the sharp declines in revenue they’ve suffered as a result of the pandemic and bad policy. Without assistance, too many of our small businesses are going to be forced to close their doors for good – the state needs to act quickly to provide relief,” said Senator Borrello.

She said during the current term, the Senate Republican Conference has worked well with Governor Andrew Cuomo and the members of the Independent Democratic Conference (IDC) to pass on-time budgets and move the state in the right direction.

Young also said that the new agreement will maintain regional balance and ensure that upstate is treated fairly and equitably, instead of being controlled by New York City-dominated political bosses.