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