ALBANY, NY — Sen. George Borrello joined New York State Senate colleagues, farm owners and farm workers for a Facebook Live discussion Monday regarding the Farm Laborers Wage Board’s hearings on the 60-hour overtime threshold.
In an effort to gauge the current mandate’s impact, Borrello, his colleagues and the farmers called for the threshold to be frozen at its current level of 60 hours.
A ranking member of Senate Agriculture Committee, Borrello introduced legislation (Senate Bill 8944) that would delay the board’s recommendation to lower the threshold until 2024.
“Farms in New York State have not yet completed even a single growing season under the mandates of this burdensome new law, which took effect on January 1, 2020," Borrello, who represents New York’s 57th district, said.
“They are still grappling with the changes and trying different strategies to comply with the 60-hour threshold while trying to keep their operations afloat,” Borrello added. “It is incomprehensible that they are already being confronted with the possibility that the threshold will be lowered even further.”
In addition, Borrello said the ongoing coronavirus pandemic has brought unprecedented financial hardships and disruptions to the food supply chain upon farmers in the state. He said lowering the overtime threshold would only add to farmers' difficulties, and it would be a mistake to "base any long-term decisions on this year's experiences."
Borrello said, “For these and so many reasons, we need to hit the pause button on this premature effort to evaluate a brand new law. While repeal of the law is the ultimate goal, our effort right now is to prevent further damage and bring common sense to this issue by delaying any decision on the 60-hour threshold until 2024.”
Borrello’s proposed legislation is co-sponsored by Senate Republican Leader Rob Ortt and State Senators Pam Helming, Daphne Jordan and Sue Serino.
“Here in the 57th district, agriculture is the No. 1 business in our counties. It’s also one of the most important — and largest — industries in New York State,” Borrello said. "People don’t think of that, but the reality is that we have over 55,000 people that are employed in agriculture in New York State. ...This is an important business that we have to consider.”
Borrello said that the threshold should not be lowered further until reliable data on its financial impact become available.
“The farm labor law and its 60-hour threshold has hurt both farmers and farm workers," Borrello said. "This law created a wage board that is already considering lowering the wage board that is already considering lowering the threshold even further before we have any reliable data on the financial impact.”
Three farm workers, each speaking in Spanish, also made statements during the Facebook. Below is a translation of a statement made by Alfredo Mejia, who has worked more than 20 years at My-T Acres in Batavia:
I chose working on a farm because I wanted to work and earn as much as possible to meet my needs as well as be able to help my parents with necessities. Working more hours has made it possible for me to buy my own house and provide for my family. I was also able to pay for my oldest son to go to St. John Fisher College in Rochester, where he recently graduated.
If the hours are cut from 60 to 40, it will affect me. If the farmers cannot afford to pay overtime wages over 40 hours, I will not be able to afford my expenses or help my family like I can now. I will not be able to afford to pay for my house or pay for my younger son to go to college. I would have to find another job or take on a second job. I do not want to do that. I want to get as many hours as I can at this farm. I have worked here for 23 years. I have paid time off and a pension. I also really like my job. I like what I do and I do not want to do something else.
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