Congresswomen Tenney, Stefanik Send Letter Against Lower Overtime Wage Threshold for Farm Workers

Washington, DC – Congresswoman Claudia Tenney (NY-22) today joined with Congresswoman Elise Stefanik (NY-21) in a letter to New York State Labor Commissioner Roberta Reardon opposing the proposed rule which would lower the overtime wage threshold for farm laborers from 60 to 40 hours per week. The letter was sent as part of the 60-day public comment period in response to Commissioner Reardon’s harmful proposed rule. Lowering the threshold would damage our state’s economy through decreased hours and wages for workers, a diminished agriculture industry in New York, and increased prices for consumers.

The letter was also signed by New York Representatives Lee Zeldin (NY-01), Chris Jacobs (NY-27), and John Katko (NY-24).

On September 6, 2022, the New York State Farm Laborers Wage Board voted to advance a proposal to lower the state’s overtime wage threshold for farm workers from 60 to 40 hours per week, in spite of public comments from farmers, farm workers, and consumers strongly opposing the recommendation. On September 30, 2022, Commissioner Reardon accepted the recommendation.

Prior to the proposal's recommendation by the Board, Cornell University's College of Agriculture and Life Sciences projected that the rule’s implementation could force two-thirds of dairy farmers to make significant changes such as leaving the industry or investing in other states and half of fruit and labor farmers to reduce their operations or leave the industry altogether.

In part, the lawmakers wrote, “Our hardworking farmers are already facing considerable struggles due to skyrocketing inflation, rising input costs, and an ongoing labor shortage. The last thing our farmers and producers need is more burdensome red tape forcing them to evaluate the crops they grow or livestock they raise, the number of hours they can offer their employees, and their ability to compete in the marketplace. A 40-hour per week overtime threshold would cost farms an increased 42% in labor costs, totaling to $264 million per year.”

Congresswoman Tenney is also a cosponsor of the Protect Local Farms Act, which would mandate federally that the overtime threshold for the agriculture industry cannot be set lower than 60 hours per week, effectively keeping New York’s current overtime threshold in place.

Individuals interested in submitting a comment regarding the rule are encouraged to do so by emailing regulations@labor.ny.gov before December 11, 2022.

The full text of the letter is available here.

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