NYS Department of Labor Accepts Recommendations to Lower Farmworker Overtime Threshold

Date: October 06, 2022

Under the Farm Laborers Fair Labor Practices Act of 2019, farm laborers became entitled to overtime pay starting on January 1, 2020, for any work performed over 60 hours per week, and for work performed on their designated “day of rest”.

In 2020, in accordance with statute, New York State Labor Commissioner Roberta Reardon convened the “Farm Laborers Wage Board”, tasked with making recommendations regarding a phased in reduction of overtime for farm laborers. After nearly two years of deliberation and public input, the majority of the three-member Board voted in favor of reducing the overtime pay threshold from 60 hours a week to 40, phased in, over ten years, with four-hour reductions on a biannual basis. Beginning January 1, 2024, the limit will be 56 hours a week, and reduced until it reaches 40 hours January 1, 2032.

The Wage Board submitted their recommendations and report to the Commissioner on September 6, 2022, and the Commissioner accepted the recommendations on September 30, 2022.

NFIB strongly opposed this change throughout the entire process and is disappointed with Commissioner Reardon’s disastrous decision. Once the Dept. of Labor promulgates regulations, NFIB will submit public comments in opposition to the reduction of overtime for farm laborers.

Related Content: Small Business News | New York

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