Photos by Tom Rivers
A farmer works in a corn field on Peter Smith Road in Kendall near Route 18 late this afternoon. Farmers have been working at a frantic pace to bring in the crops. They have benefitted from a recent string of sunny days in the 70s, which continues on Tuesday.
These bales of corn stalks are shown this afternoon on Harrison Road in Shelby.
These bales cast a long shadow late this afternoon on Harrison Road.
Photos by Tom Rivers: A corn field is pictured on Telegraph Road in Ridgeway.
The National Agricultural Statistics Service reports that corn production in September was down 8 compared to last year’s output, and soybeans are down 3 percent.
Corn production is forecast at 13.9 billion bushels while soybeans are forecast at 4.31 billion bushels.
Based on conditions as of Oct. 1, NASS reports corn yields are expected to average 171.9 bushels per harvested acre, down 4.8 bushels from 2021. Area harvested for grain is forecast at 80.8 million acres.
In New York, the yields per acre are down from 167.0 in 2021 to a forecasted 154.0 in 2022. The harvested acreage is down from 580,000 to 515,000 in New York.
Soybean yields are expected to average 49.8 bushels per acre, down 1.9 bushels from 2021. Area harvested for beans in the United States is forecast at 86.6 million acres, up slightly from 2021, NASS reported.
In New York, the soybean yields are down from 53.0 bushels per acre to 50.0 bushels, while the acreage is up from 320,000 to 345,000.
Soybeans on the left and corn on the right are grown in this field on Telegraph Road in Ridgeway.
Photos by Tom Rivers
ALBION – Tegan Miller, an employee with Panek Farms, moves a big bin of pumpkins this afternoon at a field on West Countyhouse Road in Albion.
The colorful pumpkins are sold at Panek’s at the corner of West Countyhouse and West Barre-Eagle Harbor roads.
Jayden Neal and his father Jody are featured in a new episode of “This American Dairy Farmer.” Jayden developed technology to automate curtains, lighting, sprinklers, fans and alley scrapers to create a more consistent and comfortable environment for the cows. He also developed an activity tag for the cows. Jayden also utilizes drone mapping for the farm.
Press Release, American Dairy Association North East
ALBION – Offering a glimpse into the lives of hardworking farmers, American Dairy Association North East released a new episode of “This American Dairy Farmer,” a digital series highlighting family, tradition and sustainable food production on local dairy farms.
Every gallon has a story, and “This American Dairy Farmer” offers a behind-the-scenes look at dairy farms and the families who operate them, while helping viewers make personal connections with those who produce their food.
In “Robotics Whiz Invents Farm Technology,” which debuted October 6 on AmericanDairy.com, viewers meet dairy farmer Jody Neal and his son, Jayden, of Orleans Poverty Hill Farm in Albion. Jayden Neal is a sophomore at the Rochester Institute of Technology, majoring in robotics and manufacturing.
“My son Jayden helps on the technology side of things and helps make some of my dreams come true,” Jody Neal explained. Jayden has invented many gadgets that make life easier on the farm.
Jayden Neal has embraced technology to help the Neal dairy farm run smoother and track feed inputs. He is working on a system with QR codes that track equipment’s maintenance.
“I think it’s so cool that I’m able to implement my love of technology here on the farm. And there is so much here that can be automated, I believe I can make a difference,” Jayden Neal said.
Watch “This American Dairy Farmer” to learn more about how Jayden’s innovations ease the workload for employees and family members, streamlining operations at the farm.
“This series is an opportunity for consumers to meet and learn about the people who produce the milk for everything from their morning coffee to their children’s school meals,” said John Chrisman, CEO of American Dairy Association North East. “You see the passion dairy farmers have for taking care of their animals, protecting the environment and leaving a legacy for the next generation.”
“This American Dairy Farmer” visits 12 dairy farms in 2022. New episodes will continue to air through the fall months at AmericanDairy.com, where seasons one and two are also available here. Other GLOW area dairies featured in the first three seasons include Stein Farms in LeRoy, Noblehurst Farms in Pavilion, HaR-Go Farms in Pavilion and Rudgers Registered Jerseys in Attica.
Press Release, Assemblyman Steve Hawley
Assemblyman Steve Hawley (R,C,I-Batavia) expressed his displeasure with Labor Commissioner Roberta Reardon’s decision to lower the farm overtime threshold from 60 to 40 hours.
With inflation and minimum wage set to rise again, this decision could force hundreds of farms out of business in the very near future.
“This decision is going to have grave consequences for all New Yorkers because without farms, our state has no food,” Hawley said. “Farmers provide one of the most important services to our state and many of our farmers and farm laborers rely on the current 60-hour overtime threshold to ensure profits.
“Farmers face challenges unlike any other business and that last thing Albany should be doing from their ivory towers is telling our local farmers how to run their businesses,” Hawley said. “I will continue to lead the charge toward overturning this terrible ruling to protect our local agriculture operations.”
Editor’s Note: The overtime threshold will be phased in over 10 years. The overtime work limit will drop by 4 hours every other year beginning in 2024 until reaching 40 hours in 2032.
The state will be lowering the overtime threshold in agriculture from 60 to 40 hours a week in phased-in process from 2024 to 2032, the state’s Department of Labor Commissioner Roberta Reardon announced this afternoon.
The decision from the DOL commissioner sparked concern in the farm community about much-higher operating costs in a state where New York already is at a competitive disadvantage with other states and countries.
“This is a difficult day for all those who care about New York being able to feed itself,” said New York Farm Bureau President David Fisher. “Commissioner Reardon’s decision to lower the farm labor overtime threshold will make it even tougher to farm in this state and will be a financial blow to the workers we all support.
“Moving forward, farms will be forced to make difficult decisions on what they grow, the available hours they can provide to their employees, and their ability to compete in the marketplace,” Fisher said. “All of this was highlighted in the testimony and data that the wage board report and the commissioner simply ignored.”
Fisher was part of a three-person Farm Laborers Wage Board. He cast the lone no vote against recommending the overtime threshold be lowered on Sept. 6. Reardon today said she was going with the Wage Board’s recommendation, which passed 2-1. Fisher was the only representative from the agricultural sector on that board.
The overtime threshold will be phased in over 10 years. The overtime work limit will drop by 4 hours every other year beginning in 2024 until reaching 40 hours in 2032, giving agriculture businesses proper time to adjust, Reardon said.
“I come from a farm community myself, so I know how important the agricultural sector is to the New York State economy,” Reardon said in a statement. “Based on the findings, I feel the Farm Laborers Wage Board’s recommendations are the best path forward to ensure equity for farm workers and success for agricultural businesses.”
During the course of the Wage Board’s deliberations in 2022, Governor Kathy Hochul and State Legislature enacted three new tax credits to assist farm employers in transitioning to a lower overtime standard, the DOL said. Those credits include:
GROW NY Farms, a coalition of about 150 organizations in New York’s agricultural industry, issued this statement: “New York’s agricultural community is deeply disappointed in Commissioner Reardon’s ill-informed decision to lower the overtime threshold for our family farms. This decision threatens the security of our food supply, the retention of our skilled farmworkers, and the future of New York’s farms. If Governor Hochul has the ability to step in and stop this damaging decision, she must do so immediately.”
State Senate Republican Leader Rob Ortt issued this statement: “Today’s decision by the New York State Department of Labor Commissioner is the wrong one. By approving this recommendation from a board composed of unelected bureaucrats, this mandate will devastate family farms still reeling from the pandemic.
“It is clear Albany’s one-party ruling class doesn’t care about family farms and seems hell-bent on destroying agriculture in New York State. This is nothing short of a scheduled collapse of New York’s agricultural industry.”
Press Release, NYS Senate Republican Leader Rob Ortt
ALBANY – Senate Republican Leader Rob Ortt and members of the Senate Republican Conference penned a letter to the New York State Department of Labor Commissioner Roberta Reardon urging her to reject the Farm Laborers Wage Board recommendation to lower the overtime threshold for New York State farms from 60 hours to 40 hours per week.
“Our economy relies greatly on our New York State farmers, who are already struggling with 40-year high inflation, record-high fuel prices, and severe worker shortages,” Ortt said. “Our farming industry functions much differently than other industries and would crumble under this Albany mandate. If the final report is accepted by the Labor Commissioner, we will see livelihoods across our state ruined and a mass exodus of farm workers. The damage will go beyond our farming industry and increase the price of consumer goods that many New Yokers are already struggling to afford. If we want to keep workers here, combat rising prices, and support our farmers, then Albany must stay at 60.”
During public hearings held by this Farm Laborers Wage Board, hundreds of farmers took time from their busy days to give emotional comments expressing their concerns that increased labor costs would threaten their small family farms, which make up 96 percent of New York’s farms. Several economic development and business organizations came out in opposition to reducing the 60-hour overtime threshold, including the Grow NY Farms Coalition, the Business Council of New York State, the National Federation of Independent Businesses of New York (NFIB) and Upstate United.
“While it is common to hear state leaders praise the invaluable contributions of our farming community, nice words ultimately do nothing to help New York farmers who are struggling under the weight of ever-expanding state mandates and rising costs,” said Senator George Borrello, Ranking Member of the Agriculture Committee. “The decision on whether to accept the Wage Board’s misguided recommendation that the overtime threshold be lowered is an opportunity to back up words with action. By rejecting the adoption of a 40-hour threshold, Governor Hochul and Commissioner Reardon can save our farming community from a long, painful demise and ensure this vital industry has a future in our state.”
“I govern by listening and when farmers and farmworkers alike tell me this change will be detrimental to their ability to produce here in New York, I take notice. It is far past time for Albany to do the same and reject this misguided change. The future of farming in New York State is on the line, and we will not stop speaking out against this bad policy until the voices of those who will be impacted are truly heard and the decision reversed,” said Senator Sue Serino.
In December 2021, Senate Republicans wrote a letter to the Wage Board, citing a Cornell University study that found that two-thirds of dairy farmers would make significant changes to their operation, including leaving the industry or investing out of state, and half of fruit and vegetable farmers indicated they would decrease their operations or exit the industry, if the overtime threshold was lowered to 40 hours.
On January 28, 2022, the Wage Board revisited the overtime threshold set in 2019 through the Farm Laborer Fair Labor Practices Act (FLFLPA), and voted to reduce the threshold from 60 hours to 40 over the next decade, decreasing the threshold by four hours every two years.
Members of the Senate Republican Conference signed onto a follow-up letter written Aug. 16, 2022. On Sept. 1, 2022, Senator Serino joined her Republican colleagues and members of the local agriculture community calling on the Farm Labor Wage Board in Albany to reject a reduction of the overtime threshold from the current 60 hours to the proposed 40 hours.
Despite near-universal opposition, the Wage Board voted 2-1 on Sept. 6 to advance its final recommendation for lowering of the overtime threshold for farmers. The state Labor Commissioner Roberta Reardon has 45 days from this date to accept or reject the recommendation.
In addition, Senator Borrello carries a bill to abolish the Farm Laborers Wage Board, who ignored 70% of testimony with their overtime threshold recommendation. The legislation is co-sponsored by fellow Senate Republicans, including Leader Ortt and Senator Serino.
Photo by Tom Rivers: These soybeans are shown on Tuesday evening in a field behind the Albion school campus off Clarendon Road.
Press Release, Gov. Kathy Hochul’s Office
Governor Kathy Hochul on Tuesday announced the New York State initiative, NYS Connects: Climate Smart Farms and Forests Project, was awarded a $60 million grant under the first round of the U.S. Department of Agriculture Partnerships for Climate-Smart Commodities funding opportunity.
Led by the State Department of Environmental Conservation and Department of Agriculture and Markets, the project is one of 70 selected nationally and will help agriculture producers and forest landowners implement climate smart agriculture and forestry practices, and build connections between landowners and companies with a growing demand for commodities produced using climate smart strategies.
“Sustainable agriculture is critical for combatting the effects of climate change, and this significant funding commitment will greatly aid New York’s farm and forest owners, allowing us to partner together as a nation to reduce greenhouse gases,” Hochul said. “Thanks to this funding announced under President Biden and his Administration, we take another major step towards improving our environment for the next generation. The public and private partnerships leading the Climate Smart Farms and Forests Project will provide new and innovative measures that promote forestry and farming that will help achieve our ambitious climate goals, protect the environment, preserve farmland, and meet a global demand for products grown with greener technology.”
A climate smart commodity is an agricultural commodity that is produced using agricultural (farming, ranching or forestry) practices that reduce greenhouse gas emissions or sequester carbon. The NYS Connects: Climate Smart Farms and Forests Project will immediately fund landowners working to implement multiple climate smart agriculture and forestry (CSAF) practices by building on current State programs.
The project will identify and mitigate social and behavioral barriers to CSAF practice adoption, particularly among underserved and minority populations. A combination of new and well-developed tools will be used for measurement, quantification, monitoring, reporting, and verification. This data will also be beneficial for building continuous improvement processes to refine practices and programs, reduce costs, and mitigate greenhouse gas emission impacts.
In the first round of funding, the U.S. Department of Agriculture (USDA) is investing up to $2.8 billion in 70 selected projects nationally from more than 450 submitted project proposals. The initial projects will expand markets for climate-smart commodities, leverage the greenhouse gas benefits of climate-smart commodity production, and provide direct, meaningful benefits to production agriculture, including for small and underserved producers. USDA will work with the applicants for the 70 identified projects to finalize the scope and funding levels in the coming months.
Department of Environmental Conservation Commissioner and Climate Action Council Co-Chair Basil Seggos said, “In New York State, private forests are removing climate-altering carbon dioxide from the atmosphere at a rate equal to the emissions from two million gasoline-powered vehicles, highlighting the importance of partnering with landowners to sustain our forests and fight climate change. With strong partners in Washington, D.C., DEC will use these federal funds to implement our aggressive climate action plans by bolstering forest regeneration programs and encouraging landowner participation, while also helping small landowners and those in underserved communities offset costs to develop forest management plans.”
Department of Agriculture and Markets Commissioner Richard A. Ball said, “This USDA award is major, exciting news for New York, and will build on the tremendous work that has been ongoing at the state level to combat climate change. From the Climate Action Council to the Climate Resilient Farming Grant program, the Department is a critical part of the solution, helping our farmers to implement conservation measures in response to environmental challenges and secure our food supply.
“Together, in partnership with DEC, the Soil and Water Conservation Districts, Cornell Cooperative Extension, SUNY ESF, Syracuse University and many others, we are leading the way in innovative, best agricultural environmental practices that are reducing greenhouse gas emissions, removing carbon dioxide from the atmosphere, and helping farms build resiliency to the impacts of a changing climate. The USDA funding will help us reach even more farmers through our CRF program and ensure the participation of new, underrepresented farmers and the development of Climate Smart Agriculture and Forestry for small scale farms, including urban operations.”
New York’s Climate Leadership and Community Protection Act requires some of the most aggressive climate targets in the nation. The Climate Act provides policy certainty and ensures that this project will have an immediate impact and will accelerate the development of CSAF practices and ensure continuation for decades. This initiative also can lead to substantially larger investments to decarbonize multiple sectors of the economy, such as buildings, and energy sources, through the ability to advance the highest standards in measurement, monitoring, reporting and verification. In this way, it can unlock the agriculture and forestry industries to enable deeper decarbonization across the entire economy.
USDA ranked New York State as number eight nationally for direct jobs in the Biobased Products Industry prior to implementation of the Climate Act. The state’s biobased economy added more than $9.2 billion of total value and supported over 100,630 total jobs, with forest products, agriculture, and biobased chemicals and textiles leading the way.
In addition to contributing to the 85 percent economywide greenhouse gas reductions, agriculture and forestry will be the main source of offsets for the remaining 15 percent of State emissions by 2050. To meet these ambitious targets, New York’s farmers will need to reduce emissions while boosting carbon sequestration in soils and trees. Increases in funding and support for farm planning, reporting, benchmarking, and tracking are needed to meet these ambitious targets, along with developing market-based systems to incentivize CSAF commodities.
In addition to DEC and AGM, supporting partners in this project include the New York State Energy Research and Development Authority, New York State Soil and Water Conservation Committee, County Soil and Water Conservation Districts, Cornell College of Agriculture and Life Sciences (CALS), State University of New York College of Environmental Science and Forestry (SUNY ESF), and Syracuse University.
Photos courtesy of nYS Department of Ag & Markets: The adults are about 1-inch long and half-inch wide with wings folded. Adults can hop several feet if startled. SLF feeding can stress plants, making them vulnerable to disease and attacks from other insects. SLF also excretes large amounts of sticky “honeydew,” which attracts sooty molds that interfere with plant photosynthesis, negatively affecting the growth and fruit yield of plants, negatively impacting agriculture and forest health.
Press Release, NYS Department of Agriculture and Markets
ALBANY — The New York State Department of Agriculture and Markets is asking residents in Western New York to be on the lookout for Spotted Lanternfly (SLF), after a population was found in the Buffalo area last week.
SLF is a destructive pest that feeds on more than 70 plant species, including tree-of-heaven, and plants and crops that are critical to New York’s agricultural economy, such as grapevine, apple trees, and hops. The invasive was first observed in New York State on Staten Island in August 2020, and since then the population has been reported in all New York City boroughs, Long Island, Port Jervis, Sloatsburg, Orangeburg, Ithaca, Binghamton, Middletown, Newburgh, Highland, and now in the Buffalo area.
State Agriculture Commissioner Richard A. Ball said, “We are concerned about the significant number of adult Spotted Lanternfly that have been found in Buffalo, especially with its proximity to the Concord grape growing area in Western New York. SLF can have a devastating impact on vineyards, as we’ve seen in neighboring states, so we need everyone’s help to be on the lookout for this invasive and to report it immediately.”
The spotted lantern fly nymphs can be over a half-inch long. When flying or startled, the insect will show bright red hind wings that are 1.5” to 2.5” wide with wings.
The Department’s Division of Plant Industry inspectors responded to reports of SLF in a residential area of Buffalo adjacent to an active rail line. As of September 9, over 100 adults have been found. Agriculture and Markets staff will continue to survey the surrounding areas in the coming days. Although the population is significant, the area was surveyed in April of 2022 and no egg masses were found, and no old egg masses have been found during the current survey.
While surveys in the area are ongoing, the Department is asking for the public’s help in slowing down the spread of SLF in this area by reporting any sightings immediately to agriculture.ny.gov/reportSLF.
In addition to reporting, residents are asked to:
• Take pictures of the insect, egg masses, or infestation you see and, if possible, include something for size, such as a coin or ruler.
• If possible, collect the insect. Place in a bag and freeze, or in a jar with rubbing alcohol or hand sanitizer.
• Note the location (street address and zip code, intersecting roads, landmarks, or GPS coordinates).
• Adult SLF are easy to identify, as seen in the photos below. They are approximately one inch long and half an inch wide at rest, with eye-catching wings. Adults are active from July to December and begin laying eggs in September.
Signs of an SLF infestation may include:
• Sap oozing or weeping from open wounds on tree trunks, which appear wet and give off fermented odors.
• One-inch-long egg masses that are brownish-gray, waxy and mud-like when new. Old egg masses are brown and scaly.
• Massive honeydew build-up under plants, sometimes with black sooty mold developing.
While these insects can jump and fly short distances, they spread primarily through human activity. SLF can lay their eggs on any number of surfaces, such as vehicles, stone, rusty metal, outdoor furniture, and firewood. Adult SLF can hitch rides in vehicles, on any outdoor item, or cling to clothing or hats, and be easily transported into and throughout New York, so residents are being asked to be vigilant.
The public is also encouraged to thoroughly inspect vehicles, luggage and gear, and all outdoor items for egg masses and adult SLF. If SLF adults are found, residents should remove them and scrape off all egg masses.
SLF Impacts to New York Agriculture
SLF feeding can stress plants, making them vulnerable to disease and attacks from other insects. SLF also excretes large amounts of sticky “honeydew,” which attracts sooty molds that interfere with plant photosynthesis, negatively affecting the growth and fruit yield of plants, negatively impacting agriculture and forest health.
The estimated total economic impact of invasive insects in the United States exceeds $70 billion per year, and if not contained, SLF could have an impact to New York State of at least $300 million annually, mainly to the grape and wine industry, which ranks third in the country in production. SLF also has the potential to significantly hinder quality of life and recreational activities due to the honeydew and the swarms of insects it attracts.
About SLF and State’s Efforts to Combat the Invasive
First discovered in Pennsylvania in 2014, SLF has since been found in New Jersey, Maryland, Delaware, West Virginia, Virginia, Connecticut, Indiana, Massachusetts, Michigan, North Carolina, and Ohio. Given the proximity to the Pennsylvania and New Jersey infestations, New York State is at high risk for infestation.
The New York State Department of Agriculture and Markets, working with many partner agencies such as the New York State Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Transportation, Thruway Authority, and the United States Department of Agriculture, continue to respond to the presence of SLF in New York State. Actions taken include:
• Conducting surveys of high-risk areas across the state;
• Responding to public reports of SLF;
• Enforcing the New York State quarantine on goods from other states that have established SLF populations;
• Inspecting nursery stock, stone shipments, and commercial shipments from quarantine areas;
• Implementing a comprehensive education and outreach campaign to educate the public and the transportation industries to limit the transport of SLF to uninfested areas; and
• Implementing trapping, treatment and egg scraping efforts around the state.
Press Release, Congressman Chris Jacobs
WASHINGTON, D.C. – Congressman Chris Jacobs (NY-27) introduced the Protect Local Farms Act (H.R. 8756) to prevent the New York State Farm Laborers Wage Board’s recommendation to lower the overtime threshold from 60 hours to 40 hours per week from taking effect. Congresswoman Elise Stefanik (NY-21) is a co-sponsor of the legislation as well.
“Two days ago, the New York State Farm Laborers Wage Board handed down their final recommendation to lower the overtime threshold for farm workers from 60 hours to 40 hours – this is a devastating decision made by out-of-touch bureaucrats which will bankrupt family farms throughout our state and end farming as we know it,” Jacobs said. “If Gov. Hochul approves this recommendation, she is signing the death warrant for thousands of farms.”
The Protect Local Farms Act (H.R. 8756) is designed to combat the New York State Farm Laborers Wage Board decision by mandating federally that the overtime threshold for the agriculture industry cannot be set lower than 60 hours per week – keeping New York’s current threshold in place.
“Farming is not like other industries,” Jacobs said. “It is not a normal work week, is subject to weather, and operates within very slim margins. None of these factors were properly considered before this recommendation was made. Our already small workforce will be further depleted as workers seek more hours in other states, and our farmers will face dire financial burdens.”
“The farmworker overtime threshold in New York makes it harder for our farms to make ends meet when we face higher labor costs than nearly every other state in the country,” said Patrick McCormick, dairy farmer and New York Farm Bureau State Director. “Rep. Jacobs common-sense legislation looks to put every farm on the same level playing field. A set minimum federal overtime threshold will eliminate the competitive edge one state has over another and benefit farmworkers at the same time.”
Press Release, Assemblyman Steve Hawley
Assemblyman Steve Hawley (R,C,I-Batavia) is expressing disappointment following a decision by the Farm Laborers Wage Board to advance a recommendation to Commissioner of Labor Roberta Reardon to lower the farm laborer overtime threshold from 60 hours to 40.
For months, Hawley has stood alongside farmers, farmworkers, agricultural advocates, owners of agri-businesses and other lawmakers to call on the board to reject a proposed reduction to the overtime threshold, warning of the devastating effects such a decision would have on rural communities and all who work in the agricultural sector.
As the board considered whether or not to implement a lower threshold, they collected testimony regarding the proposal during a series of virtual hearings. During those hearings, the vast majority of testimony provided by farmers and farmworkers opposed its implementation, warning that it threatened the livelihoods of both farm owners and laborers.
The concerns expressed by those opposed to lowering the threshold have been corroborated by a number of studies, as a report by Farm Credit East has stated that the total cost of lowering the overtime threshold to 40 hours, coupled with minimum wage increases, would result in an increase in labor costs by over 40 percent for New York’s farms.
Another study by Cornell University found that 70 percent of New York farm labor guest workers would not return to New York were the threshold to be lowered and would instead seek work in other states where they have the opportunity to work longer hours.
Following the advancement of the Wage Board’s final report and recommendation, the fate of the farm overtime threshold rests in the hands of Reardon, who has 45 days to decide whether to accept or reject it.
“Now that the fate of farming as we know it here in New York state has been put in jeopardy by the Wage Board, even after hearing how their decision will jeopardize the livelihoods of thousands of farmers and farm laborers, I sincerely hope that Commissioner Reardon will step in to prevent what would prove to be a catastrophic event for rural communities and the entire agricultural sector,” Hawley said. “Lowering this threshold helps nobody while threatening the existence of multi-generational family farms and an entire way of life, so I sincerely hope that ultimately both the threshold and the continued viability of our farms will be preserved.”
Photo by Tom Rivers: Workers harvest cabbage on Route 98 in Gaines in August 2017
A three-person Farm Laborers Wage Board voted 2-1 this afternoon in a recommendation that the state reduce the overtime threshold for New York farm workers in a gradual phase-in from 60 to 40 hours a week.
New York Farm Bureau President David Fisher cast one of the three votes and he opposed lowering the threshold. Fisher said the report is flawed and doesn’t reflect the data and witness testimony in hearings that he said showed lowering the OT threshold would hurt farms and farmworkers.
“It barely touches on the testimony of how this will make our farms less competitive and how labor shortages are already a challenge and will only get worse if workers leave the state to seek more hours elsewhere,” Fisher said about the report. “The facts cannot be ignored, even if the report does not give them their due diligence.”
The two other boards members – chairwoman Brenda McDuffie, former president and CEO of the Buffalo Urban League; and Denis Hughes, former state AFL-CIO president – voted in favor of lowering the farmworker overtime threshold in a gradual phase-in to 40 hours over the next decade.
“What’s become clear throughout these proceedings is that action is needed,” McDuffie said during today’s meeting. “It is our duty to protect tens of thousands of farm workers and align their rights with those in other industries.”
State Senate Republican Leader Rob Ortt blasted the Wage Board’s decision, saying it will put many New York farms at a competitive disadvantage with nearby states.
“Today’s decision by the Farm Laborers Wage Board is a monumental disaster that will sadly be the final straw for many of our struggling family farms,” Ortt said in a statement. “The current labor mandates were already a tremendous burden on our farmers, particularly at a time when many of them are still reeling from the pandemic, supply chain issues, and soaring prices.”
Ortt said testimony from farms and farmworkers, warning about the negative impact of the changing the OT threshold, where ignored by the majority of the Wage Board.
“At a time when we have already seen many businesses leave New York and family farms have been forced to shut down, this reduction will cause further devastation to our agriculture industry,” he said. “It will sadly force even more of our family farms out of business, hurt workers, and increase costs to consumers.”
Reducing the overtime threshold for farm laborers is proposed to be phased in over a ten-year period, with reductions of four hours on a biannual basis.
The phase-in schedule would begin on January 1, 2024, with the threshold set at 56 hours; on January 1, 2026, with the threshold set at 52 hours; on January 1, 2028, with the threshold set at 48 hours; on January 1, 2030, with the threshold set at 44 hours; on January 1, 2032, with the threshold set at 40 hours.
The New York Civil Liberties Union praised the decision by the Wage Board and urged the Department of Labor and the governor to formally approve it.
“Farmworkers have waited over 80 years for an end to the racist exclusion that has stolen countless hours of overtime pay,” said Lisa Zucker, senior attorney for legislative affairs. “Gov. Hochul and Commissioner Reardon must prevent another generation of workers from suffering by unequivocally accepting the Wage Board’s recommendation. With Gov. Hochul’s more than dollar-for-dollar refundable tax credit, there is no reason that the overtime threshold cannot be immediately lowered to 40 hours, eradicating this racist Jim Crow policy once and for all.”
Ortt and others many opposed to lowering the threshold are asking the DOL Commissioner Roberta Reardon and Gov. Kathy Hochul to reject the plan.
“I implore state Labor Commissioner Roberta Reardon and Governor Kathy Hochul to reject this recommendation,” said Assemblyman Michael Norris of Lockport. “With New Yorkers already struggling to afford groceries and gas with the rising costs of inflation, it is unfathomable that non-elected bureaucrats at the Farm Labor Wage Board are going to make it harder and more expensive to feed a family in our state.”
Norris said the proposal, if enacted, would result in smaller paychecks because of fewer hours being available for farmworkers. He said they would go to other states where they could earn more money.
“These workers will just move on to other states to work,” Norris said. “Sadly, this decision is just another example on how Albany seems intent on pushing everyone out of our state with burdensome mandates.”
Provided photo: Pictured from left include State Sen. George Borrello of Chautauqua County, a member of the Senate’s Agriculture Committee; Senate Republican Leader Rob Ortt of North Tonawanda; Assemblyman Mike Norris of Lockport; Barry Flansburg, a representative for Assemblyman Steve Hawley; and Niagara County Farm Bureau President Jeanette Miller.
Press Release, Rob Ortt, State Senate Republican leader
NEWFANE– Senate Republican Leader Rob Ortt and Senator George Borrello on Friday stood with Assemblyman Mike Norris and Niagara County Farm Bureau President Jeanette Miller to repeat calls on the Farm Labor Wage Board in Albany to reject a reduction of the overtime threshold from the current 60 hours to the proposed 40 hours.
“Our New York State farmers are already struggling with skyrocketing inflation, record fuel prices, and severe worker shortages within the agriculture industry,” Ortt said. “Albany must understand that our farming community is vastly different from the corporate world. It isn’t a 9-5 job. There are times when crops can be picked and cannot be picked. There are harvesting seasons in which migrant workers travel and send money home to their families. The truth is our family farmers simply cannot afford this new mandate out of Albany, and neither can farm laborers. Workers will seek out opportunities beyond our state borders, farms will be left with no choice but to close up shop, and the price of consumer goods will go even higher. Albany must stay at 60 to save the future of agriculture in our state.”
On January 28, 2022, the Farm Labor Wage Board revisited the overtime threshold set in 2019 through the Farm Laborer Fair Labor Practices Act (FLFLPA), and voted to reduce the threshold from 60 hours to 40 over the next decade, decreasing the threshold by four hours every two years. On September 6, the Board will reconvene to advance their final report and recommendations on the overtime threshold for farm laborers.
During public hearings held by this Board, hundreds of farmers took time from their busy days to give emotional comments expressing their concerns that increased labor costs will threaten their small family farms, which make up 96 percent of New York’s farms. Several economic development and business organizations have come out in opposition to reducing the 60-hour overtime threshold, including the Grow NY Farms Coalition, the Business Council of New York State, the National Federation of Independent Businesses of New York (NFIB) and Upstate United.
In December 2021, the Republican legislators wrote a letter to the Farm Labor Wage Board, citing a Cornell University study that found that two-thirds of dairy farmers would make significant changes to their operation, including leaving the industry or investing out of state, and half of fruit and vegetable farmers indicated they would decrease their operations or exit the industry, if the overtime threshold was lowered to 40 hours.
Members of the Senate Republican Conference also signed onto a follow up letter written August 16, 2022.
Senator George Borrello carries a bill to abolish the Farm Laborers Wage Board, who ignored 70% of testimony with their overtime threshold recommendation. The legislation is co-sponsored by fellow Senate Republicans, including Leader Rob Ortt.
“Farms across the state have been besieged by rising costs in fuel and energy prices, various taxes, and rising labor costs as well as the addition of costly mandates from the state leading many farms, particularly small, family-run farms to close, consolidate or downsize operations,” Norris said. “Already a struggling industry, New York’s agriculture sector lost more than 2,000 farms in the last decade. This is wholly unacceptable. Inflation is still forcing families to make tough choices and they are struggling to put food on the table. This is not the time to limit hard work, entrepreneurial spirit and ingenuity by putting farmers and farm workers alike out of business.”
“The window of opportunity to save the future of family farming in New York is steadily closing, but it’s not too late,” said Borrello, Ranking Member of the Senate Agriculture Committee. “While the Wage Board’s preliminary recommendation ignored the nearly unanimous testimony of farmers and farm workers opposing a lower threshold, there is still time to do the right thing and recommend maintaining it at 60 hours. A lower threshold is projected to increase labor costs by a staggering 42 percent, which will be the final nail in the coffin for many family farmers who have been struggling to stay afloat. With just large factory farms left to dominate the industry, it will be the end of agriculture as we know it. No one wants that to happen, which is why we are urging the board, the labor commissioner and the governor to make a decision based on stakeholder input and data rather than political expediency.”
“Niagara County Farm Bureau joins with farmers and farmworkers across the state in asking for the overtime threshold to remain at 60 hours,” said Jeanette Miller, Niagara County Farm Bureau president. “Farms are already facing higher costs across the board, like all New Yorkers, and now is not the time to make it even more expensive to do business in this state. We have also heard time and again from the farm community that a lower threshold will only make our farms less competitive in the marketplace and will drive away skilled workers who are seeking more hours of work than what farms will be able to afford.”
OLCOTT – State Senate Republic Leader Rob Ortt and Assemblyman Mike Norris, R-Lockport, will have a news conference today with the Niagara County Farm Bureau president to share their concerns about the possibility of the overtime threshold in agriculture being lowered from 60 to 40 hours per week.
Ortt said that change would put many farms out of business, make the agricultural industry less competitive with nearby states, and actually result in less pay for farmworkers who would see their hours cut.
The state legislators and Jeannette Miller of the Niagara County Farm Bureau will be in Olcott for the news conference. It is planned to be shown through Facebook live beginning at 12:30 p.m.
The Farm Laborers Wage Board will meet Sept. 6 and is expected to deliver a report on OT threshold for farmworkers. The board also is expected to make a final recommendations to NYSDOL Commissioner Roberta Reardon on the proposal to reduce the overtime threshold for farm workers from 60 hours to 40 hours a week.
Board members include Brenda McDuffie, former President and CEO of the Buffalo Urban League; David Fisher, New York Farm Bureau President; and Denis Hughes, former President of the New York State AFL-CIO.
The board in January 2022 recommended the overtime threshold be reduced to 40 hours, in a phased-in schedule of dropping by four hours every two years – 56 hours on January 1, 2024; 52 hours on January 1, 2026; 48 hours on January 1, 2028; 44 hours on January 1, 2030; and 40 hours on January 1, 2032.
Once the board delivers its report, the DOL commissioner will have 45 days to review it and announce her decision, which will need to published. Any objections to the report and recommendations can be sent to the commissioner within 15 days after such publication, the DOL said.
Should the recommendations within the report be adopted, the Department of Labor will undergo a rule-making process with a 60-day public comment period.
The Orleans County Legislature last week passed a resolution urging the governor to eliminate the three-person Farm Laborers Wage Board.
“The Wage Board has just one member with an agricultural background, making it ill-equipped to render sound, informed decisions concerning New York State’s critically- important agriculture industry,” county legislators stated in a resolution.
The Legislature faulted the board for ignoring data from a 2021 Cornell University that showed lowering the threshold would economically hurt both farmers and farm workers.
“New York State farmers continue to face a tremendous number of challenges outside of their control including changes in consumer demand leading to price change, obtaining labor, climate change regulation and mandates, land management policies, foreign and regional market competition, NYS regulations, livestock and crop disease,” legislators said. “And farmers are heavily relied on to continue to produce food during shortages throughout the country while keeping in mind, farmers and farm workers remained constant during the pandemic.”
Press Release, NYS Department of Labor
The New York State Department of Labor (NYSDOL) announced the next meeting of the Farm Laborers Wage Board will be held virtually at 4:30 p.m. on Tuesday, September 6.
The board is expected to deliver its report and final recommendations to NYSDOL Commissioner Roberta Reardon on the proposal to reduce the overtime threshold for farm workers from 60 hours to 40 hours a week.
A link to the meeting livestream will be made available on the Farm Laborers Wage Board webpage.
“I thank the Farm Laborers Wage Board for thoroughly examining this complex issue and for their service to New York State,” said New York State Department of Labor Commissioner Roberta Reardon. “I’m also grateful for the many New Yorkers who provided input on this statewide discussion, which will be vital as we evaluate the state’s agricultural future. I look forward to reviewing the board’s report and recommendations before announcing my decision.”
Under the Farm Laborers Fair Labor Practices Act of 2019, farm laborers became entitled to overtime premium pay starting on January 1, 2020, for any work that they perform in excess of 60 hours per week, and for work performed on their designated day of rest. As required by the act, New York State Labor Commissioner Roberta Reardon convened a wage board comprised of the members in 2020.
Board members include Brenda McDuffie, former President and CEO of the Buffalo Urban League; David Fisher, New York Farm Bureau President; and Denis Hughes, former President of the New York State AFL-CIO.
Per the statute, the wage board was tasked with considering and making recommendations regarding the extent to which the overtime threshold for farm laborers can be lowered below 60 hours per week and whether any such reductions should be phased-in through a series of successively lower thresholds.
To inform its decision, the board hosted one in-person public hearing in 2020 and eight virtual public hearings between 2020 and 2022 where testimony on the matter was heard from farm laborers, agricultural employers, academic experts, and elected officials, among others. Four virtual informational meetings were also held during this time.
On January 28, 2022, the Farm Laborers Wage Board passed three resolutions that made the following recommendations:
Once the board delivers its report, Commissioner Reardon will have 45 days to review it and announce her decision. Within five days of receipt, DOL will publish notice in at least 10 newspapers of general circulation in the state. Any objections to the report and recommendations can be sent to the Commissioner within 15 days after such publication. Should the recommendations within the report be adopted, the Department will undergo a rule making process during which there will be a 60-day public comment period.
