The debate to lower New York’s agriculture overtime limit to 40 hours has been postponed with three more hearings set for January. In 2020 the state passed a law for agriculture employers to pay overtime after a 60-hour workweek.
The Farm Workers Wage Board under the New York Labor Department will hold three additional public hearings next month before deciding to accept or reject a proposal to lower the agriculture overtime threshold to 40 hours from its current standard of 60.
The New York labor department postponement surprised both sides that are either in favor or against this overtime proposal. According to the notice posted on the department’s website stated, “Testimony will be heard from farm laborers, agricultural employers, academic experts and elected officials, among others.”
Located 30 miles east of Buffalo, New York, dairy producers, Tyler and Kelly Reynolds of Reyncrest Farms anxiously await the proposed ultimatum, knowing if passed some of their current employees would find work elsewhere.
“If this proposal passes, our biggest concern is in the process of redoing schedules to try to decrease overtime hours, employees will leave our farm and the ag industry in New York and go to a job where they can get 60-75 hours a week,” Kelly says.
With labor being the second-highest cost on many farms, including Reyncrest, the worry mounts as New York’s minimum wage is set to increase from $12.50 to $13.20 on January 1. “So, we are already struggling with that increase,” Kelly notes. “The proposed change would be detrimental to our operation quite honestly.”
As third-generation dairy farmers, the Reynolds milk 1,400 cows and farm 2,700 acres alongside family. They have 15 employees and an additional 6-7 employees for general farm labor and to help with cropping. Currently, Reyncrest operates 11-hour shifts, six days a week for their employees. “Our employees really don’t want to work less than 66-70 hours a week,” Kelly shares.
During cropping season, the Reynolds try to shuffle employees around so they don’t have employees working an 80-hour week. “Sometimes that’s how it goes when weather windows are tight,” she notes.
Many New York farms wait for the final decision and are unsure how they will pencil in this increase to pay overtime if passed, on top of the minimum wage increase. A recent report released by Cornell University’s College of Agricultural and Life Sciences projects many farms across the state will be forced to close or shrink their enterprises if the 40-hour week for farmworkers is implemented.
At Reyncrest, the Reynolds are already thinking they might have to turn to automation, but for now, they are not sure that is the route they want to head to right away. “Right now, we’re kind of holding our breath and hoping that our voice has been heard and the wage board will act in agriculture’s favor,” Kelly says. “We are fortunate to have some great representation in our New York legislature, however the political climate of New York makes it difficult to know what downstate politicians are thinking.”
Grow Food Farm Coalition shared a statement today stating, “Over the past few months, it’s become clear that New York’s agriculture community— both farmworkers and farmers — support keeping the farm labor overtime threshold at 60 hours. As we’ve said, workers want more hours so they can earn more, farmers cannot shoulder the burden of increased labor costs and lowering the overtime threshold would irreparably harm our state’s food supply and agricultural diversity. Those facts are indisputable, and we’ll continue to make our voices heard at the public hearings scheduled in January.”
Impact Felt in Other States
California phased in a lower overtime threshold for farmworkers over four years between 2019 and 2022 to 40 hours. Also, in November 2020 Washington dairy farmers were required to begin paying overtime to any of their employees who work more than a 40-hour workweek. This came after the Washington Supreme Court ruled in favor of the state’s dairy workers to receive overtime pay equating to time and half after 40 hours.
Fourth generation dairy farmer, Jason Sheehan, who runs J & K Dairy located 45 minutes outside of the Tri-Cities in eastern Wash., has been paying some form of overtime pay to his dairy employees for years, as he watched other states like California slowly introduce overtime practices. Sheehan followed their plans with an initial 50-hour workweek; decreasing five hours annually to eventually get to the 40-hour workweek.
The Sheehan’s milk 3,000 cows and employ 38 full-time workers, of which 80% have been there for three years and of those experienced staff, more than a third have 10 to 24 years with the dairy, Sheehan reports.
“Yes, we have people that have been with us for a long time,” Sheehan says. “If the pay was an issue with our employees, they would have gone and found work elsewhere.”
Moving forward, both dairy producers are concerned about the future of finding good help, stating it’s a struggle to find people who want to work.
“Like anything with farming, you have to take the good with the bad and if this change comes, we will navigate as best as possible. But the overwhelming feeling from farmers and farm workers is that this may drive a lot of business out of New York,” Kelly adds.
Executive director of Northeast Dairy Producers Association, Tonya Van Slyke urges the importance of farmers to write letters of concern to their government about this overtime proposal, as well as participate in the upcoming hearings. Those virtual hearings are set beginning on January 4, 2022. For more information about the virtual hearings or to register to testify, visit dol.ny.gov/farm-laborers-wage-board-hearings.
