New York's Governor Remains Indecisive on Potential Overtime Law

Studying exactly how to handle New York’s agriculture overtime ruling, New York governor Kathy Hochul said on Tuesday that she has not yet made up her mind on if she will accept the state wage board’s recommendation to lower overtime for ag to 40-hours a week.

While she still is contemplating the decision, Hochul says that she would seek to offset the new cost for farmers if she does accept the recommendation.

She stated, “We are looking at it closely. We want to get it right for them as well and make sure we take care of our workers, give them what they need, but give the farmers, perhaps tax relief, to ameliorate the impacts.”

A final spending plan is due at the end of March and when she shared her executive proposal last month, a $130 million tax credit for farmers to cover the cost of overtime was included in that.

Last month, the state wage board voted 2-to-1, recommending to the governor to reduce overtime to a 40-hour workweek by 2032. That threshold would drop four hours per week every two years beginning in 2024.  If the recent state board recommendations are approved by the state labor commissioner, New York will also rank alongside California and Washington state in phasing in a 40-hour overtime threshold.

New York farmers are heavily concerned that if the overtime law is passed by their governor, the impact could spell disaster to their farms.

Located 30 miles east of Buffalo, New York dairy producers Tyler and Kelly Reynolds of Reyncrest Farms anxiously await to see the final decision that lies in the hand of their governor. They worry that if the overtime ruling is passed, some of their current employees would find work elsewhere.

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 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.

A recent report released by Cornell University’s College of Agriculture 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.

Governor Hochul said on Tuesday that she would like the federal government to address the concerns of farmers, like the Reynolds, by approving more visas for workers to come in from other countries.

“The federal government needs to step up … and free up more visas so they can get the temporary guest workers, and not just during the growing season, but also year-round for our dairy farmers,” Hochul says.

It is said that “very productive” meetings with different representatives from the agricultural industry, including the Farm Bureau have occurred. Hochul’s final decision is expected to come in the following weeks.