farm labor

Press release: 

Assemblyman Steve Hawley (R, C,I - Batavia) recently expressed his displeasure with Labor Commissioner Roberta Reardon’s decision to lower the farm overtime threshold from 60 to 40 hours. With inflation and minimum wage set to rise again, this decision could force hundreds of farms out of business in the very near future.

“This decision is going to have grave consequences for all New Yorkers because, without farms, our state has no food,” Hawley said. “Farmers provide one of the most important services to our state and many of our farmers and farm laborers rely on the current 60-hour overtime threshold to ensure profits. Farmers face challenges unlike any other business and the last thing Albany should be doing from their ivory towers is telling our local farmers how to run their businesses. I will continue to lead the charge toward overturning this terrible ruling to protect our local agriculture operations.”

Press release:

New York State Department of Labor (NYSDOL) Commissioner Roberta Reardon today issued an order accepting the recommendation of the Farm Laborers Wage Board to lower the current 60-hour threshold for overtime pay to 40 hours per week by January 1, 2032, allowing 10 years to phase in the new threshold. The Board included its recommendation in a report that the Board voted to advance to the Commissioner during its final meeting on September 6, 2022, following a two-year process and 14 public meetings and hearings. Following a rulemaking process to enact the Commissioner's Order, farm work in excess of 40 hours per week would be required to be compensated at overtime rates, as it is in other occupations.

“I thank the Farm Laborers Wage Board and all New Yorkers who provided insight and input during this inclusive process,” said New York State Department of Labor Commissioner Roberta Reardon. “I come from a farm community myself, so I know how important the agricultural sector is to the New York State economy. Based on the findings, I feel the Farm Laborers Wage Board’s recommendations are the best path forward to ensure equity for farm workers and success for agricultural businesses.”

Beginning in 2020, the Board held public hearings to gather testimony from farm owners, workers, advocacy groups, and academic researchers. Recordings of these hearings and additional materials are available on the NYSDOL’s Farm Laborers Wage Board webpage. The report released on September 6 documents and summarizes the Board’s process and its findings. The Board was convened pursuant to the Farm Laborers Fair Labor Practices Act passed by the New York State Legislature and signed by the Governor in 2019.

The Board’s report recommended that the reduction in overtime hours take place by reducing the overtime work limit by 4 hours every other year beginning in 2024 until reaching 40 hours in 2032, giving agriculture businesses proper time to adjust.

During the course of the Board's deliberations in 2022, the Governor and Legislature enacted three new tax credits to assist farm employers in transitioning to a lower overtime standard.  

• The Investment Tax Credit was increased 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.
• Most importantly, a new refundable overtime tax credit was established for overtime hours paid by farm employers at the level established by the Board and confirmed by the Commissioner up to 60 hours.

The Board noted that these actions by the Governor and Legislature were supportive of food production and provided a means for farms to transition to a lower overtime standard.

NYSDOL will now be undergoing a rule-making process which will include a 60-day public comment period.  Further details about the rulemaking process will be posted on the NYSDOL’s Farm Laborers Wage Board webpage.

More information on the Farm Laborers Wage Board process and next steps can be found on NYSDOL’s Farm Laborers Wage Board webpage.

Press release: 

Congressman Chris Jacobs (NY-27) introduced the Protect Local Farms Act (H.R. 8756) to prevent the New York State Farm Laborers Wage Board's recommendation to lower the overtime threshold from 60 hours to 40 hours per week from taking effect. Congresswoman Elise Stefanik (NY-21) is a co-sponsor of the legislation as well.

“Two days ago, the New York State Farm Laborers Wage Board handed down their final recommendation to lower the overtime threshold for farm workers from 60 hours to 40 hours – this is a devastating decision made by out-of-touch bureaucrats which will bankrupt family farms throughout our state and end farming as we know it. If Governor Hochul approves this recommendation, she is signing the death warrant for thousands of farms,” Jacobs said. “Farming is not like other industries. It is not a normal work week, is subject to weather, and operates within very slim margins. None of these factors were properly considered before this recommendation was made. Our already small workforce will be further depleted as workers seek more hours in other states, and our farmers will face dire financial burdens. That is why I am proud to introduce the Protect Local Farms Act to combat this ignorant decision and keep the threshold at 60 hours. We need our New York farmers – they’re critical to our community, economy, and health.”

“I’m standing up for our hardworking farmers and workers devastated by Albany’s out-of-touch decision to lower the farmworker overtime threshold. As this decision jeopardizes New York’s agriculture industry, puts thousands of farm laborers out of work, and makes New York less competitive by sending our workers to neighboring states in the midst of a labor shortage, this bill will set a federal standard to ensure the overtime threshold for agricultural workers cannot be lowered beyond 60 hours a week, so our farmers can continue to operate their farms and New York can continue its strong contributions to our food security. I am proud to provide this critical check on Far-Left Democrats who are crushing out Upstate farmers. Upstate families will always support our farms, because we understand: No farms, no food,” Stefanik said.

"The farmworker overtime threshold in New York makes it harder for our farms to make ends meet when we face higher labor costs than nearly every other state in the country. Rep. Jacobs common sense legislation looks to put every farm on the same level playing field. A set minimum federal overtime threshold will eliminate the competitive edge one state has over another and benefit farmworkers at the same time," said Patrick McCormick, dairy farmer and New York Farm Bureau State Director.

The Protect Local Farms Act (H.R. 8756) is designed to combat the New York State Farm Laborers Wage Board decision by mandating federally that the overtime threshold for the agriculture industry cannot be set lower than 60 hours per week – keeping New York’s current threshold in place.

Press release:

Assemblyman Steve Hawley (R, C, I-Batavia) is expressing disappointment following a decision by the Farm Laborers Wage Board to advance a recommendation to Commissioner of Labor Roberta Reardon to lower the farm laborer overtime threshold from 60 hours to 40. For months, Hawley has stood alongside farmers, farm workers, agricultural advocates, owners of agri-businesses and other lawmakers to call on the board to reject a proposed reduction to the overtime threshold, warning of the devastating effects such a decision would have on rural communities and all who work in the agricultural sector. 

As the board considered whether or not to implement a lower threshold, they collected testimony regarding the proposal during a series of virtual hearings. During those hearings, the vast majority of testimony provided by farmers and farm workers opposed its implementation, warning that it threatened the livelihoods of both farm owners and laborers. 

The concerns expressed by those opposed to lowering the threshold have been corroborated by a number of studies, as a report by Farm Credit East has stated that the total cost of lowering the overtime threshold to 40 hours, coupled with minimum wage increases, would result in an increase in labor costs by over 40 percent for New York’s farms. Another study by Cornell University found that 70 percent of New York farm labor guest workers would not return to New York were the threshold to be lowered and would instead seek work in other states where they have the opportunity to work longer hours.

Following the advancement of the Wage Board’s final report and recommendation, the fate of the farm overtime threshold rests in the hands of Reardon, who has 45 days to decide whether to accept or reject it.

“Now that the fate of farming as we know it here in New York state has been put in jeopardy by the Wage Board, even after hearing how their decision will jeopardize the livelihoods of thousands of farmers and farm laborers, I sincerely hope that Commissioner Reardon will step in to prevent what would prove to be a catastrophic event for rural communities and the entire agricultural sector,” said Hawley. “Lowering this threshold helps nobody while threatening the existence of multi-generational family farms and an entire way of life, so I sincerely hope that ultimately both the threshold and the continued viability of our farms will be preserved.”

Press release:

After today’s release of the Farm Laborers Wage Board report, members of the Grow NY Farms Coalition called on Governor Hochul and Department of Labor Commissioner Roberta Reardon to reject the report and maintain the current overtime threshold at 60 hours per week. 

Members of the Grow NY Farms Coalition stated that the report is the product of a flawed process. They explained how the report downplays important testimony and data from farm workers, farmers, and researchers from Cornell University, and it omits reference of important workforce training and workplace protections already in place – many of which are nation-leading and even stronger than what’s provided in other industries.

Statement from the Grow NY Farms Coalition:

“New Yorkers depend on the viability of local family farms. Yet, recommendations put forth by the Department of Labor in the Farm Laborers Wage Board report will put the future of farming in New York at risk. In fact, this report and its recommendations are not reflective of the significant data and research conducted by academics and industry experts, or the majority of public testimony provided throughout the public hearing process.  We urge Governor Hochul to direct Commissioner Reardon and the Department of Labor to dismiss this report and pause any decisions relating to overtime until the USDA Census of Agriculture is released in 2024, which will help inform potential changes to our state’s volatile, fragile, and necessary agriculture industry.”

New York Farm Bureau President David Fisher said, “I believe the report which was written by the Department of Labor does not reflect the data, research and scope of the full testimony that was provided. It gave added weight to the opinions of those in favor of a lower threshold and discounted the majority of the in-person and written testimony of farmers, farmworkers and agricultural experts. The facts cannot be ignored, even if the report does not give them their due consideration.”

Northeast Dairy Producers Association Vice Chair Keith Kimball said, “The entire Farm Laborer Wage Board process has lacked transparency and integrity from the start, and the final report is no exception. The Wage Board report fails to represent the outpouring of testimony from New York’s agriculture industry, which resulted in over 70% of testimony asking to keep overtime at 60 hours. There’s also no mention of the hundreds of letters or other written and video testimony provided by farmworkers. And, it discredits the economics of family farms and the unique challenges no other industries are faced with. This has not been a fair process. As a farmer who testified himself and whose workers also testified, it is extremely disheartening to feel like those impacted by this decision were never heard and are in fact being ignored.”

New York State Vegetable Growers Association President Brian Reeves said, “I’m disheartened and disappointed that the voices of farmworkers, farmers, and researchers who spoke in support of the current overtime threshold have essentially been ignored. This report shows that the majority of the Wage Board never truly considered all of the information and insights offered to them during this process. I strongly encourage Governor Hochul and Commissioner Reardon to reject this flawed report and maintain the current overtime threshold.”

New York State Horticulture Society and the New York State Berry Growers Association Executive Director Jim Bittner said, “As a farmer and agriculture advocate, I’m extremely concerned about the future of farming in New York if this report is accepted by Commissioner Reardon. The report completely fails to take into account the massive cost increases – especially for fuel and fertilizer – that farmers have faced during the pandemic. There’s also no mention of the fact that New York has lost almost 5,000 farms over the last 20 years, and we’re expecting a new USDA Census report in 2024 which should inform decisions moving forward. We need Governor Hochul and Commissioner Reardon to support our farms and stay at 60.”

Cornell Research Report: Click here to watch a video presentation by Cornell University E. V. Baker Professor of Agricultural Economics Chris Wolf.

Cornell Testimony: Click here to watch a video presentation by Cornell Agricultural Workforce Development Director Dr. Richard Stup.

Farm Credit East Report: Click here to watch a video presentation by Farm Credit East.

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.

State Senator Ed Rath:

“I am extremely discouraged by the Farm Laborers Wage Board’s decision to lower the overtime threshold from 60 to 40 hours. I have spoken with numerous farmers and farm workers.  Both have made it abundantly clear that this will be extremely detrimental to our family farms and farm workers. This is another example of Albany failing to do its due diligence by listening to critical stakeholders.” 

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is encouraging constituents to reach out to Labor Commissioner Reardon and Gov. Hochul in the wake of an announcement that the Farm Laborer Wage Board will reconvene on Sept. 6 to vote on whether or not they will advance a final report recommending the farm laborer overtime threshold be lowered from 60 hours to 40. It has been projected by Farm Credit East that farmers’ labor costs could rise by over 40% over the next several years if the overtime threshold is lowered, jeopardizing their continued viability.

The wage board recommended lowering the farm laborer threshold this January, but still has not released a final report containing regulatory recommendations. If they do stick to their earlier recommendation in their final report, it will be Labor Commissioner Reardon’s decision whether or not to accept or reject their recommendations within 45 days of when they’re issued. If Reardon advances recommendations to lower the threshold, Gov. Hochul would then need to choose whether or not they should be signed into law.

“The fate of agriculture as we know it in our state, from the fields to our store shelves, rests in the hands of the Labor Wage Board, our governor, and Labor Commissioner Reardon,” said Hawley. “Farmers from all corners of the state have made it clear that a lowering of the threshold will threaten the well-being of rural communities whose economies have for centuries centered around farming and agriculture. Agri-business owners, farmers and rural advocates have made the dangerous consequences of this decision incredibly clear, so I only hope that the Wage Board, Commissioner Reardon, and Gov. Hochul will do what’s right for our farms and agrarian municipalities.”

Hawley is encouraging anyone concerned for the future of New York’s farms, rural communities and food security to reach out to Labor Commissioner Reardon and Gov. Hochul to urge them not to move forward with this reduction in the farm laborer overtime threshold.

Labor Commissioner Roberta Reardon office contact:

Phone: 518-457-9000

Twitter: @NYSDOLCommish

Mailing address:

Roberta Reardon
Commissioner
Department of Labor
State Office Bldg # 12
W.A. Harriman Campus
Albany, NY 12240

Gov. Hochul office contact

Online contact form: https://www.governor.ny.gov/content/governor-contact-form

Phone: 518-474-8390

Twitter: @GovKathyHochul

Mailing address: 

The Honorable Kathy Hochu
Governor of New York State
NYS State Capitol Building
Albany, NY 12224

Press release:

Congressman Chris Jacobs (NY-27), NYS Senator Ed Rath (R,C,I - Amherst), and NYS Assemblyman Steve Hawley (R,C,I-Batavia) held a press conference this morning to call on Governor Hochul to reject the NYS Farm Laborers Wage Board’s decision to lower the overtime threshold from 60 hours a week to 40 hours.

“Farming is already a business suffering from labor shortages with incredibly tight margins, if the Governor were to accept this decision it would have disastrous impacts on the viability of agriculture in our state and the security of our rural economies,” Jacobs said. “Lowering the threshold would force producers and workers out of our state, and bankrupt generation family farms. I urge the Governor to reject this decision – made at the expense of our farmers – our region’s future prosperity depends on it.”

"The decision by the Farm Laborers Wage Board to lower overtime hours from 60 to 40 hours is fatal to our farms. As the largest industry in New York, agriculture is a vital part of our Upstate community. With this overtime change, many family farms will not survive. I have spoken with countless farmers and farm workers who have shared their concerns with this hour reduction. I remain deeply troubled by this decision and the impact it will have, not only in my district but across our State," Rath said.

“Our state’s agribusinesses and rural communities are staring down the edge of a cliff as they eagerly wait to see whether Gov. Hochul will stand up for them, or for the special interests who’ve been pushing this policy through the bureaucratic process,” Hawley said. “Farmers, lawmakers, farm laborers and experts alike have made clear the devastating consequences this decision will have on agriculture. In this moment, Gov. Hochul has the power to save agriculture in New York state, or put it down a path that will cause it to become something completely unrecognizable. Having represented a rural part of upstate New York in Congress, I sincerely hope she understands how dangerous this decision would be not just for farmers, but for rural communities throughout the state.”

Jacobs recently joined the New York Republican Congressional Delegation in sending a letter to Governor Hochul outlining the disastrous impacts of this recommendation from the wage board and urging her to reject it. You can read that letter here.

Porfirio Gabriel has worked for Torrey Farms in Elba for 13 years and helps the Torreys recruit workers from Mexico, specifically Comachuen, to obtain H2A temporary visas and work planting onions and harvesting squash, cabbage, and beans each year.

These workers, Gabriel told NPR for a recent story about money sent from workers back to Mexico to help support local economies, have helped Comachuen families receive as much as $5 million over three years, by far the town's largest source of income.

These funds sent to Mexico, called remittances, may have exceeded $50 billion for the first time last year, according to the story.

Travis Torrey sent the link to the NPR story to The Batavian noting that as regulators try to limit the number of hours farmer workers can labor each week they're really hurting the people they say they're trying to help.

"I think you can see that coming to WNY to work is their version of the ‘American dream,’" Torrey said. "Everyone that has come here has bettered themselves and families.  The inhumanity is denying them the opportunity.

"Without the farmworkers, there would be no farms," he added. "The same can be said if there are no farms there are no farmworkers."

A week ago, the state's Farm Labor Board, on a 2-1 vote, recommended the overtime threshold for farmworkers be lowered from 60 hours a week to 40 hours a week.

Both farmer-owners and farmworkers have repeatedly spoken out against the rule change over the past few years saying that workers will seek jobs in states that don't restrict potential earnings.

Torrey notes the rule change will hurt workers like Gabriel when they get their hours cut.

From the NPR story:

Gabriel is resigned to working in the United States as long as he can. He sends home about $7,500 each year from what he earns working the fields. That money is largely used to fund his children's education, paying private college fees so his eldest son can be a registered nurse.

His hope is that his children will get university degrees and not have to emigrate. "I am paying for their studies, so that they don't have to do what we had to do," Gabriel says.

Press release:

Assemblyman Steve Hawley is praising the recent decision made by the Department of Labor’s Farm Laborer Wage Board to maintain the 60-hour overtime threshold until at least next November.

Hawley had been advocating in recent months to maintain this overtime threshold in light of a proposal to lower it. Hawley feared it would make operating an agribusiness even more difficult during what has been a hard year for the agricultural sector due to the negative impact COVID-19 has had on the industry. 

“This announcement is a big relief for farmers and agri-business entrepreneurs throughout the state, and I’m glad there’s one less thing to worry about in what’s already been an incredibly challenging year for agriculture,” Hawley said.

“While there is still work to be done helping our farmers through the COVID-19 pandemic, I am glad we avoided what would have certainly been a catastrophic mistake for our farmers and agricultural workers and entrepreneurs.”

Press release:

A diverse group of agricultural organizations in the state are calling on the 60-hour overtime threshold for farm laborers to remain in place as a New York State Department of Labor wage board determines its fate.

The groups sent a joint letter to Governor Andrew Cuomo outlining why a further reduction in the overtime hourly threshold will be detrimental to the livelihoods of farmers and farmworkers across the state and will expedite automation upon the rural landscape. New York farms already face extreme competitive pressure in the marketplace from farms in other states and countries that can easily undercut New York prices needed to sustain a profitable business. Higher labor costs in New York will only exacerbate that problem.

There is no comparison to other industries in New York state when it comes to farm needs and our labor force. Our food supply is perishable. It depends on weather factors and a changing climate. The competitive commodity markets are dictated by the lowest possible price, prices that farmers must take.

Only those who direct market straight to the consumer off the farm can dictate what they charge and even then, those prices must be competitive with other farm stands and supermarkets. The COVID-19 pandemic also exposed the fragility of our food system as well as its importance to feed fellow New Yorkers during a time of great need. Without those farms, programs like Nourish NY cannot succeed.

The Farm Laborers Wage Board was mandated by the Farm Laborer Fair Labor Practices Act that became law just this year.  The three-member board held public hearings to hear directly from people in agriculture on what a lower overtime threshold would mean. Farmers and their employees overwhelming described the economic challenges they are facing, especially in a pandemic, and how a lower threshold will likely lead to fewer hours available and less income for employees.

Furthermore, the current threshold was agreed upon just last year when all aspects of the farming community and lawmakers came together and negotiated a workable number of 60-hours that struck an appropriate balance to address both the needs of farmworkers and farms.

The letter sent to the Governor reads in part, 

“Please know that if the overtime threshold for New York farm workers is lowered to a level below 60 hours per week, the face of New York agriculture will be irreparably altered and we will no longer remain economically competitive in the crops and commodities that require a labor force. As farmers testified this year before the wage board, varieties of vegetables that require hand labor will continue to disappear, increasingly relying on imports from places that do not have strong worker protections like in New York State. Orchards will be pulled in lieu of field crops that only require machines for planting and harvest. Dairy farms will turn to robotic milking machines at a faster rate than today. Our regional and worldwide competitors—who have no such requirements—will only gain advantage from these changes, not New York farmers.”

The letter concludes by asking that the 60-hour threshold remain the same. Agriculture’s future, particularly the next generation of New York farmers and the communities they support and feed, are dependent upon it.  

Press release:

Assemblyman Steve Hawley recently testified in a virtual Zoom New York State Department of Labor public hearing regarding an upcoming decision on resetting the overtime threshold for farm laborers.

Concerned with the rashness of the actions attempted to be taken on this issue, during a pandemic, Hawley suggested that a delay in the decision-making would be most advantageous for farmers and their farms, and that the state should be doing as little as possible to interfere with their already modest margins.

“As someone with farming experience myself, I can tell you that however well-intentioned the lowering of the overtime threshold is for the farm workers, the actual farm employers themselves won’t be able to sustain these changes; certainly not in the economic world we’re living in right now,” Hawley said. “The last thing New York needs to be looking to do is strangle our farms and our farmers into submission.”

Hawley said during his testimony on Monday, “Why would we want to increase costs for our agricultural producers, especially during the COVID-19 pandemic economic calamity? Workers are considered family; average wages are $13 an hour. In many cases, housing and food are provided.

"Even during good economic times, implementing mandatory increased labor costs for agriculture is a bad idea. Farmers have little to no control over prices they receive for their product, and with variations in factors like weather, long hours are necessary.”

In a closing note, Hawley said, “We need to protect New York state’s number one industry: Agriculture. [We should] delay the implementation of lowering the overtime threshold.”

Press release:

New York State Labor Commissioner Roberta Reardon today announced she will convene a wage board for farm laborers that will hold hearings, review and make recommendations regarding overtime work for farm laborers in New York State.

Under the Farm Laborers Fair Labor Practices Act, which Governor Andrew M. Cuomo signed into law last year, farm laborers are entitled to overtime premium pay as of Jan. 1 for any work that they perform in excess of 60 hours per week, and for work performed on their designated day of rest.

As part of that Act, the wage board will consider and make recommendations as to overtime work and, specifically, will hear testimony about reducing the threshold for overtime below 60 hours per week and whether to do so in phases.

“We worked hard to ensure this bill included the proper labor protections and benefits that our farm laborers are entitled to,” Commissioner Reardon said. “We have an opportunity to improve the quality of life for tens of thousands of farmworkers. Overtime is a key component and we need to get it right.”

Convening the Wage Board

As required by the Act, New York State Labor Commissioner Reardon will convene a wage board with the following members:

• David Fisher, president of the New York Farm Bureau
• Denis Hughes, former president of the New York State AFL-CIO
• Brenda McDuffie, president of the Buffalo Urban League

Under the Act, the wage board must hold at least three hearings at which the public will be afforded an opportunity to provide comments. The board will hold five hearings in various parts of the state. The board will carefully consider the input it gathers from farmers and other stakeholders.

The board has until Dec. 31 to make its recommendations, after which the Commissioner will have 45 days to take administrative action on those recommendations.

Public hearings are scheduled as follows:

• Friday 2/28 – 11 a.m. – Albany – New York State Museum Cultural Education Center, Clark Auditorium, 222 Madison Ave., Albany, NY 12230
• Friday 3/13 – 11 a.m. – Syracuse – Onondaga Community College, Storer Auditorium, 4585 W. Seneca Turnpike, Syracuse, NY 13215
• Monday 3/23 – 11 a.m. – Binghamton – Binghamton University, Symposium Hall, Center of Excellence Building Innovative Technology Complex, 45 Murray Hill Road, Vestal, NY 13850
• Thursday 4/16 – 11 a.m. – Long Island – Brookhaven Town Hall, 1 Independence Hill, Farmingville, NY 11738
• Thursday 4/23 – 11 a.m. – Batavia – Genesee Community College, William Stuart Forum, 1 College Road, Batavia, NY 14020

Press release:

Assemblyman Steve Hawley (R,C,I- Batavia) announced today that he has introduced legislation, A.8916, that would mandate including two additional members on the Farm Laborers Wage Board, increasing membership from three to five individuals. The two additional members would be the Commissioner of Agriculture & Markets and a member of the business community.

“New York City politicians passed sweeping and overarching new farm labor regulations last year which have the potential to devastate small, family-owned farms in our state,” Hawley said. “It is imperative that the new wage board has input and influence from those who are on the frontlines of the agriculture industry instead of politically appointed Big Labor bosses.

“I proudly debated on the Assembly Floor and voted against the farm labor changes because Downstate lawmakers have no business telling our producers how to operate. Agriculture is a unique industry that is thriving in many parts of our state and to pass blanket labor laws from behind a desk in Albany is grossly irresponsible and myopic.

"As the Past President of the Genesee County Farm Bureau and former owner of our family farm in Batavia, I will continue to advocate for our area’s farmers and see that this bill I’m introducing to expand the wage board becomes law this year.”

Press release:

A temporary restraining order (TRO) was issued by Federal Court Judge Lawrence J. Vilardo on Dec. 31 in U.S. District Court in Western New York. The TRO prohibits New York State from enforcing certain actions and imposing penalties upon farmers stemming from a new law scheduled to go into effect today.

It is important to note, the TRO does not impact the law or impact the wages of the vast majority of hourly employees working on New York farms and the payment of overtime, nor was it intended to.

The court action followed a lawsuit filed on Monday, Dec. 30 that would temporarily halt the implementation of the Farm Laborers Fair Labor Practices Act on Jan. 1. The suit was filed by the Northeast Dairy Producers Association (NEDPA) and the New York State Vegetable Growers Association (NYSVGA) on behalf of the organizations' member farmers across the state, seeking clarity and to ensure they are in compliance with the law’s requirements.

The TRO specifically restrains the state government from enforcing the Act where such actions would impact the status, compensation, and hours of supervisors, family members, shareholders, and administrative and professional employees. The TRO will be in effect for several weeks. If a mutually agreeable settlement is not reached, a preliminary injunction hearing will be held on Jan. 24.

Brian Reeves, president of the New York State Vegetable Growers Association, and owner of Reeves Farms in Baldwinsville (Onondaga County), said, “The ruling in favor of the TRO is an important first step for ensuring the Farm Laborers Fair Labor Practice Act is implemented fairly for all who work on farms in New York.

"We want to protect the rights of all who work on our farms and are so important to our success. We look forward to working with the Governor and the Legislature to correct the statute to better address the rights of all who work on our farms.”

Jon Greenwood, chair of the Northeast Dairy Producers Association and co-owner of Greenwood Dairy Farm in Canton (St. Lawrence County), said, “The narrow scope of the TRO ruling will allow us to continue to work with the state to improve language and definitions in the Act.

"Providing clarity to New York’s farms will help us protect our management teams while assuring family members and others employed on our farms are treated fairly. We look forward to working with the state and court to ensure that the interests of farmers, their families, and employees are represented in the new state law.”

Press release:*

A coalition of New York State dairy and vegetable farms has filed a lawsuit in U.S. District Court in Western New York seeking a court order that would temporarily halt the implementation of the Farmworkers Fair Labor Practices Act on Jan.1. New York’s farmers and employees are seeking clarity to ensure they are in compliance with its requirements.

The group, which includes the Northeast Dairy Producers Association (NEDPA), the New York State Vegetable Growers Association (NYSVGA), and individual farmers across the state have been working with state officials for months, leading up to and following the legislature’s approval in June of a measure that was then signed into law by Governor Andrew Cuomo in July.

*(Update) In Genesee County, the coalition includes Torrey Farms, a dairy farm in Elba that's been in operation since 1803, and MTy Acres, which is represented on the Board of Directors of NYS veg growers.

Prior to filing the lawsuit today, representatives of NEDPA and the NYSVGA worked into the evening on Friday in an effort to seek a resolution that would bring clarity to the matter. In addition, they maintained open lines of communications and were willing to continue the dialogue throughout the weekend.

In fact, prior to being voted upon and signed, a statewide advocacy effort was conducted by concerned agricultural interests that repeatedly identified flaws within the legislation that needed to be addressed to avoid unintended consequences of the state action.

More specifically, the lawsuit outlines the challenges facing New York’s agriculture community, and identifies several key issues that require modification.

• As currently written, the Act’s definition of “farm laborer” includes supervisors, farm owners and family members of farm owners. This places farms in a contradictory or “Catch 22” position. If supervisors, owners and family members are classified as farm laborers, they have the right to engage in collective bargaining with other employees. However, if supervisors, owners and family members are also agents of the farm business, they must not engage in conduct that would discourage union concerted activity, assist in the formation of a union, or otherwise violate the rights of farm laborers.
• The Act also conflicts with Section 14(a) of the National Labor Relations Act (“NLRA”). The Act includes supervisors as part of the group of farm labors who may engage in concerted activities, but the NLRA expressly prohibits states from adopting such legislation, and so the law is preempted by federal law. 
• Because the Act includes supervisors, owners, and family members for purposes of its hour restrictions and overtime pay requirements, farms must reclassify the way they engage these individuals, and this compounds the conflict as farmers endeavor to implement the law.
• As a result, if a farm decides to classify its supervisors, owners and family members as farm laborers, it will result in a violation of the Act’s collective bargaining provisions. On the other hand, if a farm takes the position that supervisors, owners and family members are not farm laborers, the farm may be subjecting itself to criminal and civil penalties by violating their rights as farm laborers and by violating the hour restrictions and overtime pay requirements.

John Dickinson, Northeast Dairy Producers Association, and co-owner of Ideal Dairy in Hudson Falls (Washington County), said, “We greatly appreciate the efforts of our employees; they are invaluable to our success and we want to do what’s right for them. We have had productive interactions with state representatives and provided feedback on the lack of clarity this law provides, however we are asking for a pause to allow necessary changes to be made.

"The lack of guidance the dairy community is receiving is causing unnecessary stress on farms, agribusinesses, and families across the state. We have every intention of abiding with this law, but our farms and employees are struggling with implementation due to unclear and conflicting definitions as it is currently written.”

Brian Reeves, president of the New York State Vegetable Growers Association, and owner of Reeves Farms in Baldwinsville (Onondaga County), said,“We have been working for months in a constructive manner to bring clarity and fairness to a law that had significant problems due to ambiguity and unfairness to employees and farm families across New York.

"Today, we are simply seeking a temporary pause to the implementation of this law, to avoid harm to our farms and our employees, while the Governor and Legislature correct the ambiguities.”

Press release:

PathStone Corporation is currently accepting applications for their 2019-20 On-farm Housing Grant.

This program is a matching grant of up to $2,000 to repair and upgrade existing farm labor housing. Examples of eligible repairs include, but are not limited to: bathrooms, plumbing, laundry facilities, recreation rooms, upgrading kitchens, heating, floors, walls, windows, ceilings, doors and other major structural components.*

Special consideration will be given to projects that positively impact the quality of life for farmworkers during off work hours. Farm owners must agree to provide $1 for every $1 provided by PathStone Corporation. This grant has been very successful in Wayne and Orleans counties, but this year’s focus will be on farms in Genesee, Livingston, Wyoming and Ontario counties.

If interested, or if you have questions, please contact Susan Lerch at 585-546-3700, ext. 3020, for an application. The application deadline is currently March 1 and the work will need to be completed by May 15.

Please help us spread the word as we want to assist as many farms as possible!

*NOTE: Farms may still be eligible to receive grant funds even if repair work has already started.

Submitted photo and press release:

Assemblyman Steve Hawley (R,C,I-Batavia) toured several farms in Genesee, Orleans and Monroe counties yesterday, speaking with farm owners and employees on their concerns and trepidations with the recently passed the Farm Labor Bill.

Hawley is the former owner and operator of his family’s farm in Batavia, a longtime member of the Assembly Agriculture Committee and past President of the Genesee County Farm Bureau.

“I want to thank all the farm owners and their families for having me on a tour of their facilities,” Hawley said.

“I understand how detrimental these new labor regulations can be to our agriculture sector and I will be pushing very hard to have a seat at the table for the Commissioner of Agriculture and Farm Bureau members on the new wage board.”

  “As a former farm operator, it was great to meet so many dedicated families that are driving New York’s agricultural sector here in Western New York,” Hawley said.

“A consistent theme at all of the farms we visited was the new labor regulations pushed by Downstate politicians and their detrimental effect on family farms throughout the state. Many owners are concerned about labor shortage during an already short growing season and the possibility of migrant workers leaving to earn more money in other states.”

Photo: Assemblyman Hawley on his first stop of the farm tour at CY Farms in Elba, a second- and third-generation family farm where sod, spinach, corn and onions are grown.

In an interview with The Batavian following an event at the Genesee County Fair Grounds, where Lt. Kathy Hochul participated in the announcement of a new workforce development program (more later), Hochul defended passage of the farm labor bill.

She said it was needed, even though it was opposed by farmers and farmworkers, because it will improve working conditions for farmworkers and help farmers attract more qualified job candidates.

Hochul said what's missing in complaints about the farm labor bill is that farmers participated in crafting compromise legislation.

A Statement from Assemblyman Steve Hawley (R,C,I-Batavia) on Gov. Cuomo signing the Farm Labor Bill into law July 17:

“The largest farm in New York City is a seasonal pumpkin patch but that didn’t stop radical politicians from dictating how our farms should operate. This disastrous legislation, ironically signed in a place with no farms, has the potential to single-handedly destroy family farming in New York as we know it.

“To make matters worse, the newly-created Wage Board, stacked with more big-labor, big-union interests than actual farmers, can unilaterally alter the labor laws how they see fit moving forward.

“Altering the maximum number of hours allowed per week or reversing the ‘no strike clause’ at any moment, goes completely against the farming industry’s standard practices where crop yields, weather patterns and labor needs are consistently fluid. If a farm can’t operate because of unavoidable weather conditions or  because workers are mandated time off – the repercussions will be devastating.

“What these big-city politicians don’t understand is that our family farms are always under the gun since our growing season is virtually half of California and Florida – making reliable labor, many times seven days of week, a necessity.

“As the former owner and operator of our family farm in Batavia, I know first hand how devastating this could be to our industry. As a former president of the Genesee County Farm Bureau and 14-year member of the Assembly Agriculture Committee, I’ve spoken with many farmers and producers about this bill and its devastating effects unlike the New York City politicians who crafted this disaster. Their concerns were voiced yet ignored.

“Our family farms are not corporations, they are not run by money-hungry business people, they are ordinary families like yours and mine who have learned this art from prior generations and intend to pass it on to their children. It’s what they love, and I will always stand behind them to fight these new regulations in any way I can.”

Today, July 17, Gov. Andrew Cuomo signed into law the Farmworker Fair Labor Practices Act (S6578/A8419). It was voted on and passed by the New York State Assembly and Senate last month.

Proponents claim the new law will extend basic labor protections to New York State’s farmworkers by allowing them the right to collectively bargain and get overtime pay.

It was sponsored by Assemblywoman Cathy Nolan and Senator Jessica Ramos, both of Queens.

Western New York farmers and lawmakers were among those who lobbied against the legislation, citing the devastating impact it could have on family farms and agriculture, the primary economic driver of the region.

Upon its passage in the Senate in June, Sen. Michael Ranzenhofer said: "This is just another example of Downstate legislators who do not understand the Upstate economy. This will impose hundreds of millions of dollars in mandates onto farms who are already struggling. Simply put, it is going to eliminate jobs and put farms out of business."

For the complete post with reactions after the Senate passage of the bill, click here.

Below is a press release sent this afternoon from Grow NY Farms on the Governor's signature today creating the new law.

For months, hundreds of farmers and farmworkers spent countless hours seeking to find a balance with elected officials on measures that will change working conditions on farms across New York State. However, the measure that ultimately passed the Legislature and was signed by the Governor on July 17 did not address the challenges and needs of farmers and farmworkers.

This measure does not create a path that will assure an economically viable New York agriculture industry, and the four fixable flaws within this bill will likely drive more family-owned farms out of the state or out of business. Worst of all, farmworkers will feel the impacts the most because their work hours will be restricted and their income reduced.

Grow NY Farms has been seeking to correct four fundamental flaws contained in the new legislation (Assembly Bill No. 8419 and Senate Bill No. 6578). Modifications include:

• Applying a standard wage rate for farmworkers who decide to work on the prescribed day of rest.
• Expanding the family farm definition to include close relatives such as aunts, uncles, nieces, nephews and cousins.
• Modifying the composition and timeline of the wage board.
• Preserving secret balloting for both farmworkers and farmers.

“New York's farmers have been at the table from the beginning asking for a workable solution, a bill that would provide the balance agriculture would need to sustain itself as an important job creator and food provider in this state. Common ground should have considered what farms can afford and the opportunities our employees will lose as a result of this law. In the end, our reasonable requests were cast aside, even though there was support for a moderated bill from legislators on both sides of the aisle. What was also dismissed by many of New York's leaders is the dignity and respect our farm families have long provided to the men and women we need and work alongside every day. While the final legislation signed by the Governor is certainly better than the original version of the bill, it will still lead to significant financial challenges for farmers and the continued erosion of our rural communities,” said David Fisher, New York Farm Bureau president and dairy farmer in Madrid.

"It is upsetting that state lawmakers have placed rural New York at a serious disadvantage in our ability to compete in the market place and provide economic opportunities for our employees. This new law failed to take common sense into account, and in turn, will place Upstate further behind in its ability to grow our farms and economy. Our farms and farmworkers deserved better for all that they provide this state,” said Brian Reeves, of Reeves Farms in Baldwinsville and president of the New York State Vegetable Growers Association.

“Long Island has a proud tradition of being a source that New Yorkers turn to for fresh food, wine, flowers, landscape plants and more. Our farms have also provided good, quality opportunities for our employees to get job experience and support their families at home and abroad and have the potential to advance their careers. Sadly, those days are numbered as the farm labor bill will force dramatic changes on agriculture as we know it. It won’t just be our farm families and employees who will suffer, but our customers who value what it means to buy “Grown on Long Island.” Unfortunately, by the time that the legislators who voted for this misguided bill realize the damage they have done to the agricultural industry on Long Island and the rest of the State of New York, it will be too late. This is a sad day for all of us,” said Karl Novak, president of the Long Island Farm Bureau.

“Dairy represents New York’s largest agricultural industry. Our farms must operate 24 hours a day, 365 days a year in order to care for our cows and produce fresh, nutritious milk. We certainly appreciate that legislators who listened to the many voices expressed by stakeholders in trying to negotiate a bill fair to everyone, but we were disappointed in language added in the final hours that has the potential to both negatively impact the long-term viability of our farms and the earning potential and livelihood of our workers,” said Jon Greenwood, president of Northeast Dairy Producers Association and dairy farmer in Canton.

“My family has a long history of supplying fresh fruit to our Hudson Valley community every year, and we have seen our business diversify into building a cidery, but we are worried that the tradition we have built is now in jeopardy with the signing of this legislation. We are proud of our workforce and the benefits we provide them, but the massive increase in labor costs coming down the pike because of this new law will make it difficult to sustain the business that has lasted for generations and one that I hoped to continue. I’m afraid this could be the breaking point for our orchard and many like ours across the state,” said Sarah Dressel, of Dressel Farms in New Paltz and Chairperson of the New York Apple Association’s Board of Directors.

“Today’s job market is competitive, and many farmers provide their workers with optional days of rest, sick and holiday pay, and other benefits. I appreciate New York’s effort to ensure all farms are doing this, however, by limiting worker hours, we are taking away opportunity that many are seeking. Employees do not want to work simply to live – they enjoy farming and want to save for their families and their future. This bill does not include fixes that are needed to help our farms and farmworkers thrive. The reality is clear, our workers will pack their bags and seek opportunity in another state,” said Jose Iniguez, vice president of Lamont Fruit Farms in Waterport and former farmworker.

“This spring, New York’s family farms faced some of the toughest planting conditions we’ve seen in years, and continue struggling to compete against regional and national competitors. Our challenges have been compounded due to recent actions by state officials who have endorsed policies that are fundamentally changing our businesses and threatening the viability of New York’s farm community.  We are urging the Governor to fix several flaws in the Farm Labor bill in order to support the future of New York’s growers, harvesters and dairy producers,” said David Zittel, president of Amos, Zittel and Sons in Eden.

“The Farm Labor will bring about unintended, yet devastating changes to our state’s agriculture sector. The farmworkers who work side-by-side with farm owners and their families want to see this industry continue to grow and diversify, and they understand they are big part of each of our farms’ success. However, this legislation will force many growers and dairy producers to lay off workers or cut hours in order to remain competitive. Far worse is that some will make the difficult decision to cease farming – and New York’s consumers will see prices increase and their source of fresh fruits, vegetables and dairy products diminish. We want to grow our farms, employ more staff, and continue providing the best workplace possible for our workers. The Governor must fix several flaws in this legislation in order to support the more than 30,000 farms across Upstate and on Long Island – and without action, he will be sacrificing those who were counting on him the most,” said Dale-Illa Riggs of The Berry Patch in Stephentown and President of the NYS Berries Association.

For a full list of Grow NY Farms campaign supporters, visit: GrowNYFarms.com