On Wednesday, the state’s labor department announced that regulations for farm laborers overtime pay have been adopted.

Over the course of a decade, farm workers statewide will see the threshold for overtime pay lowered until it reaches 40 hours a week, down from the current 60.

The regulations codify Labor Commissioner Roberta Reardon’s Sept. 30 order that accepted the Farm Laborers Wage Board’s report and recommendations after a two-year process with 14 public meetings and hearings.

Senate Republican Leader Robert Ortt issued a statement on Wednesday similar to the one he made when the order was issued, saying, “Our family farmers are already struggling with skyrocketing inflation, high unemployment insurance taxes, and a severe worker shortage. This is one more burdensome mandate passed on by unelected bureaucrats that will cause more harm. Instead of working to make New York more affordable, One Party Rule continues to impose anti-business policies that drive up costs for our small businesses and family farms.”

However, Reardon, in a release announcing the regulations, said, “These new regulations ensure equity for farm workers, who are the very backbone of our agriculture sector. By implementing a gradual transition, we are giving farmers time to make the appropriate adjustments. These new regulations advance New York State’s continued commitment to workers while protecting our farms.”

The recommendations were made by the Farm Laborers Wage Board, in a 2-to-1 vote, on Sept. 6, 2022. Chairwoman Brenda McDuffie, former president of the Buffalo Urban League, and member Denis Hughes, former president of the New York State AFL-CIO voted, without comment, in favor of the recommendation.

However, the board’s third member, David Fisher, president of the New York Farm Bureau, was against the measure and read a lengthy statement expressing his objections to the report. The other two board members agreed to Fisher’s request to add his concerns to the report; they make up two-and-a-half pages added to the end of the 19-page report as an addendum.

The wage board was created by the Farm Laborers Fair Labor Practices Act of 2019, which for the first time made farm workers eligible to join a union, take off one day a week, and earn overtime at one-and-a-half times their regular rate for any hours worked over 60 in a week. The board’s work ended with its recommendations.

Wednesday’s release from the labor department noted that Governor Kathy Hochul, in her State of the State Address, announced a series of new initiatives meant to bolster demand for New York state foods, increase the purchasing of local farm products, and encourage investments to modernize New York’s farms. 

Hochul and the State Legislature also recently enacted new tax credits to help farm employers as the lower overtime standards take effect. The Investment Tax Credit was increased from 4 percent to 20 percent for farm businesses, meant to encourage automation of farm production.

Also, the Farm Workforce Retention Tax Credit was increased to $1,200 per employee to provide near-term relief to farmers. And 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.