Lower overtime threshold starts for New York agriculture

Weekly overtime drops from 60 to 56 hours, as part of phase-in reduction to 40 hours

Photo by Tom Rivers: Workers harvest cabbage on Route 98 in Gaines in August 2017.

The threshold for overtime will decrease for agricultural workers starting Jan. 1. The current limit is 60 hours a week at straight pay before workers can earn overtime. That will drop to 56 hours in the new year.

It is part of a phase-in reduction where the overtime threshold will be lowered by four hours every other year to 40 hours a week in 2032.

“Our agricultural industry is the backbone of New York, feeding people across the country, and farm workers are an essential piece in that process,” said New York State Department of Labor Commissioner Roberta Reardon. “Introducing a phased transition allows farmers the necessary time for adjustments while protecting the farm workers who are a huge part of putting food on New Yorkers tables. These regulations reinforce New York State’s ongoing dedication to its workers.”

The change has been fought by many in the agricultural community, who said it would increase farms’ operating costs in a state where New York already is at a competitive disadvantage with other states and countries. Farmers during previous hearings said the change may lead to smaller paychecks for workers because the ag businesses may need to rein in costs by avoiding overtime. (The state is offering some tax credits to farms to help offset the increase in wages.)

“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,” New York Farm Bureau President David Fisher said when the lower threshold was finalized. “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.”