The New York State Department of Labor Wage Board was expected to decide whether they would be lowering the overtime threshold for farmworkers from sixty to forty hours per week in 2020 but extended their decision until this year when they scheduled three additional hearings about the matter. Assemblyman Billy Jones (D-Chateaugay Lake) testified in front of the Wage Board on Tuesday evening, while Jesse Mulbury from Northern Orchard and Helen Giroux-Taylor from Giroux’s Poultry and Chazy Orchards testified earlier this month in support of maintaining the overtime threshold at sixty hours.

“I’ve had many conversations with farmers and farm workers across New York and they all are adamantly against lowering the overtime threshold,” said Assemblyman Jones. “Farmers follow the seasons and work long days during the spring and summer to make sure everything is harvested. It’s different than other industries and lowering the overtime threshold to forty hours is just impractical when farmers must fit in so much work in such a little amount of time. This is especially concerning not just for farmers but for migrant workers as well who come to the North Country from all over the world through H2A and other labor programs. I’ve talked to workers who have come to our region year after year to work at our farms who are worried that New York will lower the overtime threshold and they will no longer be able to afford to work in our state. Too many North Country farms have closed over the years because they just cannot make ends meet and lowering the overtime threshold will unfortunately cause more to close. It’s time to invest in our farms like the Governor laid out in her State of the State and make decisions that will positively impact this important industry and continue to bring fresh, locally made products to New Yorkers. Additionally, the state legislature has made it clear that they want to maintain the overtime threshold at sixty hours. So many farmers and farmworkers as well as my colleagues have testified before the Wage Board and I encourage you to listen to their pleas to keep the overtime threshold for farmworkers.”

“It is of utmost importance that farmers and farm workers in the state make themselves heard during these opportunities to testify,” said Jesse Mulbury, farm manager of Northern Orchard and chair of the New York Apple Association. “Farmers are grateful to Assemblyman Jones for taking the charge to help our voices be heard during the ongoing Wage Board hearings which threaten the viability of farming in New York. Agriculture is one of New York's’ most important industries, and farmers are fighting to ensure that New York farms will be able to stay in business, provide stable jobs and opportunities for our employees, and produce heathy foods for our state and country. We are extremely concerned about the implications of lowering the overtime threshold any further. Many small farms are at their breaking point and need help from the State, not more restrictions. Lowering the threshold any further will have disastrous effects on the apple industry, which is struggling to survive with the current mandates for overtime especially during our critical periods of apple bloom and harvest. Lowering the threshold any further threatens the very existence of the H2A labor program in the state- if farmers are only able to afford to offer further reduced hours to guest workers, then these workers WILL go to other states instead of New York to seek work. Without H2A workers interested in coming to work in New York, the apple industry will not be able to harvest our apples and will collapse.”

“For our family business lowering the 60-hour overtime threshold will really put us at a competitive disadvantage,” said Helen Giroux-Taylor of Giroux’s Poultry and Chazy Orchards. “As farmers in New York State, we have to compete with farmers in various states that do not have this additional regulation.This is a state versus federal issue for us economically. Caring for live animals and growing crops is a 7 day per week job. With the current increase in consumer demand for cage free eggs, and new apple varieties, the cost of doing business is constantly rising.Coupled with the events over the past few years, making this change would have a negative impact on agriculture throughout the state for years to come.”

The NYSDOL Wage Board will be hosting the last hearing about the overtime threshold for farm workers on Thursday January 20 and a decision is expected for later this year.