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Overtime Threshold for Farmers Dropped to 52 hours on January 1st 

Overtime Threshold for Farmers Dropped to 52 hours on January 1st 

January 19, 2026

All farmers are eligible and encouraged to apply for the Farm Worker Overtime Tax Credit to help offset increased labor costs for overtime worked by farm employees

Beginning January 1st, the overtime threshold for farmworkers is 52 hours per week, down four hours from 56 hours per week in 2025. This is part of phase-down threshold regulations from the NYS Department of Labor for overtime pay for farmworkers. The threshold will be decreased by four hours every other year until 40 hours per week is reached in 2032.

All farmers are eligible and encouraged to apply for the Farm Worker Overtime Tax Credit to help offset increased labor costs for overtime worked by farm employees. Farm employers can apply to the NYS Department of Agriculture and Markets for a certificate of advance payment for eligible overtime paid between January 1st and July 31st  each year.

For more information on Farm Worker Overtime Regulations, please visit:

https://dol.ny.gov/farm-laborers-wage-board

For more information on the Farm Worker Overtime Tax Credit, please visit:

https://agriculture.ny.gov/farming/farm-employer-overtime-credit-advance

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