BILL NUMBER: S4250

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the labor law, in relation to allowing farm laborers to
decide to work on a day of rest

 
PURPOSE OR GENERAL IDEA OF BILL:

To apply a standard wage rate for farmworkers who decide to work on the
prescribed day of rest and have not reached the 60-hour threshold.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 161 of the labor law to set the rate of pay for
farmworkers, who choose to work on their day off, at the regular rate of
pay for any hours up to 60 hours a week, and at a rate of at least one
and one-half times the regular rate for any hours worked over 60 hours a
week.

Section 2 provides the effective date.
              

 
JUSTIFICATION:

Farms pride themselves on treating their farmworkers with respect and
dignity. In fact, the average farm wage is more than $14, well above the
minimum wage. Many farmworkers also earn other benefits including: work-
ers' compensation; unemployment insurance; and free housing, transporta-
tion, utilities and paid time off.

Current law that took effect January 2020 allows farmworkers to take off
24 consecutive hours a week. If the farmworker chooses to work on their
day off, current law will require they be paid overtime pay at a higher
rate. However, overtime pay on all other days will only kick in when a
farmworker works over 60 hours a week. In a normal workplace that may
make sense, but farms must contend with weather restrictions. Poor
weather results in less hours worked and farmworkers may not even reach
the 60 hour threshold in 6 days.

Farms have absolutely no control over the weather and are basically at
the whim of Mother Nature. Consequently, current law causes farmers to
worry about whether they will need to pay higher labor costs to compen-
sate. Farms located in New York State already are burdened by excessive
regulation and high costs of doing business. New York State owes it to
its farmers to do everything in its power to help both the farmer and
the farmworkers.

This legislation contends that when a farmworker voluntarily works on
their day off that they are paid the regular wage rate for hours up to
60 hours a week. Once they reach that 60 hour threshold on their day
off, anything over would be paid at the higher overtime rate. This
legislation is only fair to the farmer who needs to plan ahead. Farming
is a commodity business, and the market controls the price at which they
sell their products. The only real control farmers have is their
production costs.  Unpredictable overtime pay rates increase production
costs for farms.


This bill allows the farmer to plan ahead and not fear that weather will
cause undue stress. Furthermore, this legislation keeps with current law
in that farmworkers are entitled and encouraged to take their 24 hour
consecutive hours off. It is at their discretion if they desire to work
on their day off.

Foreign nationals, who fill temporary agriculture jobs through the
Federal H-2A Program, rely on working many hours to send earnings back
to their families in their homeland. This legislation would allow farm-
ers to provide their farmworkers with more hours and earnings. Without
this legislation, farmers may need to cut back on farmworkers' hours
which would result in less earnings for farmworkers and their families.

 
PRIOR LEGISLATIVE HISTORY:

2022: A.4670 - Referred to labor.

2021: A.4670 - Referred to labor.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.