Congresswoman Tenney’s Statement on the New York State Department of Labor’s Decision to Implement Disastrous Overtime Threshold

Washington, DC – Congresswoman Claudia Tenney (NY-24) today released the following statement after New York State’s Department of Labor issued regulations to lower the farm labor overtime pay threshold from 60 hours a week to 40 hours by 2032.

“The Department of Labor has refused to listen to farmers at every step in this process. Today’s disastrous decision to proceed with lowering the overtime pay threshold sadly comes as no surprise, said Congresswoman Tenney. “Kathy Hochul, her Department of Labor, and Democrats in Albany have turned their backs on New York’s family farms. This gravely misguided decision deliberately ignored input from important stakeholders and will worsen the already difficult headwinds for New York’s agriculture sector. No farms, no food isn’t just a slogan; it will become the new reality if Albany Democrats continue to treat New York’s family farms with such disdain. I will continue my fight in Congress to assist our farm businesses and hold Albany Democrats accountable for this disastrous decision.”

Congresswoman Tenney has led the charge in Congress to fight against this change to the farmworker overtime pay threshold, which will devastate family farms. Tenney is a co-sponsor of the Protect Local Farms Act in Congress, which would stop the rule change from taking effect.

In February 2022, she joined with Republican Conference Chair Elise Stefanik and other colleagues in sending a letter to New York Governor Kathy Hochul urging her to reject the proposal from the New York Farm Labor Wage Board. The board recommended the overtime threshold for farm laborers in New York State be lowered to 40 hours per week from the current 60-hour per week threshold. This recommendation was made even though 70% of the public testimony provided to the board favored a 60-hour threshold.

In October 2022Congresswoman Tenney joined Congresswoman Elise Stefanik once again, this time in a letter to New York State Labor Commissioner Roberta Reardon opposing the proposed rule change. That letter was sent as part of the 60-day public comment period in response to Commissioner Reardon’s harmful proposed rule lowering the threshold. The members reiterated that lowering the threshold would damage our state’s economy through decreased hours and wages for workers, diminish the agriculture industry in New York, and increased prices for consumers.