Destructive New Farm Overtime Regulations Finalized by New York State

March 2, 2023

Destructive New Farm Overtime Regulations Finalized by New York State

On February 22nd, New York State’s Department of Labor (NYSDOL) announced that it officially adopted controversial new farm labor overtime regulations. Last year, New York State’s Farm Laborers Wage Board voted to lower the overtime threshold for farm workers from 60 hours to 40 hours, and the state Labor Commissioner subsequently ordered that board’s recommendation be adopted. NYSDOL’s announcement finalizes the drastic change, commencing a phased-in reduction in the overtime pay threshold beginning on January 1, 2024, with the threshold set at 56 hours. The lowering process will continue with the overtime threshold limit being reduced by 4 hours every other year until reaching 40 hours in 2032. This official, misguided policy change caps years of advocacy on the proposed regulations, with the wage board holding several public hearings on the issue where witnesses delivered hours of testimony overwhelmingly opposed to any changes in the overtime threshold. NFIB testified in front of the Farm Laborers Wage Board in January 2022 expressing our strong opposition to lowering the farmworker overtime threshold from 60 hours to 40 hours. NFIB in New York had also joined with business community allies and the New York State Association of Counties to call on Governor Kathy Hochul and Labor Commissioner Roberta Reardon to reject the farm labor wage board’s recommendation to lower the farmworker overtime threshold. Throughout the year, NFIB drove home the message that small farms and the agricultural community, like all small businesses, were battling record inflation, high gas prices, labor shortages, and supply chain disruptions, and these challenges were pushing farms to the brink. To change the overtime threshold on top of all this made no economic sense and could not be justified. In reaction to NYSDOL’s announcement last week, NFIB State Director Ashley Ranslow said, “The Department of Labor’s announcement was predictable in light of Commissioner Reardon’s acceptance of the Wage Board’s recommendations last September, but the news is jarring, nonetheless. The testimony and advocacy from farmers, NFIB, and allied groups was united and emphatic that any overtime threshold lower than 60 hours will have severe negative consequences on the state’s agriculture industry and our local food supply. Now is simply not the time to increase costs for family farms, which are already facing the highest costs this industry has ever seen. This policy decision by New York State government is an indefensible failure of leadership and should have been prevented.”

Topics:

Regulations

State:

New York

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More

The New York State Capitol Building in Albany, home of the New York State Assembly.

July 13, 2026

IMPORTANT! Department of Taxation and Finance Issues Notice on “Decoupling” Penalty and Interest Exemption

Guidance provides instructions on how to handle a bill for interest and penalties arising from the delayed decoupling.

July 13, 2026

John Deere Settlement Underscores Need for Right-to-Repair Bill in North Carolina

NFIB supports a bill to establish fair-repair requirements in the state.

July 10, 2026

NFIB: John Deere Settlement Paves the Way for Right to Repair for Michigan Small Businesses

NFIB urges lawmakers to advance legislation that would ensure equal access to diagnostic tools for independent auto repair shops.

July 10, 2026

NFIB Celebrates John Deere Settlement And What it Means For Nebraska Small Businesses

NFIB Nebraska State Director explains why Right to Repair is beneficial for small businesses

Destructive New Farm Overtime Regulations Finalized by New York State

Related Articles