Farm Wage Board: Long Term Impact on NY Agriculture
By Rick Zimmerman
By now you have probably heard that New York farmers are paying overtime (OT) to their employees this year. New legislation that went into effect on January 1st, requiring time and a half to farm workers working more that 60 hours a week. This OT threshold came following a very contentious legislative debate. Based on hundreds of hours of farmer testimony during the 2019 NYS Senate Joint Labor and Agriculture Committees hearings, a 60 hour threshold, even though not preferred by farmers or workers, was something that could be workable for the industry. Unfortunately, the legislature and Governor avoided political pressure to permanently establish overtime at 60 hours, instead giving a “wage board” the authority to consider whether 60 hours, or something less than 60 hours per week, is the right threshold for NY farms. Their recommendation is due by the end of the year. New York Farm Bureau President David Fisher is a member of the Wage Board.
Anybody that knows northeastern agriculture knows that Mother Nature dictates when the planting and harvest must get done, and it’s “all hands-on deck” until work is completed. Ag economists agree that New York is not the cheapest place to milk cows, and New York dairies are competing with other states and countries where production costs are significantly less. Adding costs to NY produced milk further aggravates our ability to compete and stay in business. Overtime for NY farmworkers at anything less than 60 hours per week is a cost increase that could significantly hurt New York’s dairy industry, and lawmakers heard an earful about this during the 2019 State Senate Joint Agriculture and Labor Committee hearings.
The Wage Board has held five hearings on this matter, and farmers have demonstrated strong turn out along with convincing arguments on why less than 60 hours is devastating for the industry. NEAFA President John Clark represented the agribusiness community, emphasizing the economic strain that is currently exacerbated by low milk prices and COVID-19. He also recognized the uncompetitive predicament New York dairy farmers would face compared to other states.
I am impressed with the passionate hearing turnout by farmers. It is necessary if overtime is to remain at 60 hours. The record is clear: OT at anything less than 60 hours will:
Force farmers to substitute technology for employees, such as robotic milkers.
Force farmers to reduce hours worked by employees, thus decreasing their wages.
Force farmers to quit farming or switch to crops not requiring employees.
Force farmers to move to their cows to another state where overtime is not an issue.
To the Wage Board: This decision is a no brainer. The evidence of lowering the overtime threshold is glaring at you. Put this issue to bed by declaring 60 hours to be the permanent overtime threshold for New York farm employees. Comments may be submitted to the Wage Board until October 31, 2020 through the following link: wageboard@labor.ny.gov.