farmworkers

Press release:

Today, Torrey Farms, a member of the Grow NY Farms Coalition, welcomed state officials to tour their 13,000-acre property. Officials discussed the industry with farmers and farmworkers and heard about the potential impacts of lowering the overtime threshold from 60 hours to 40. The overtime threshold was determined by the 2019 Farm Laborers Fair Labor Practices Act and is in danger of being decreased further, threatening farmers and farm workers alike. Elected officials had the opportunity to see the real implications of a lowered threshold and speak with the farmworkers and farmers who will be directly affected by this change.

“Our land, workers and produce feed families across New York State as well as the Eastern United States and have done so for twelve generations. This year’s harvest is no different. However, if the threshold is lowered, many locally-owned farms will not be able to say the same next year. The compromise of 60 hours reached in 2019 must be maintained. A decreased threshold will dramatically alter the agriculture industry as well as farmworker family income in New York State and decision-makers need to listen to the men and women of the industry they are looking to protect, “said Max Torrey, Torrey Farms.

"Our farm runs 24 hours a day 7 days a week. There is always work to be done when it comes to animal care and we are often presented with obstacles that we cannot predict including inclement weather and breakdowns. Employees want to work on New York dairy farms because they have a passion for agriculture, they take pride in knowing that their work has to get done because the animals are counting on them. They also seek out dairy farm work because they can earn a good living working at least 60 hours a week to support their families. We have employees who have been with us for over 10 years. They want to work here, and we can't afford to lose them. Our businesses and our consumers rely on them. We're urging our legislators and Governor Hochul to maintain the current overtime threshold so we can retain our team, and continue to be competitive in the regional and global marketplace," said Keith Kimball, Owner of La Casa de Leche Farm and Red Maples Dairy, NEDPA Board Vice-Chair.

“New Yorkers have grown accustomed to a wide variety of local produce at their fingertips, especially this time of the year during the fall harvest. However, we are at risk of losing our vibrant fruit farms if the overtime threshold is lowered. We simply can't compete against lower-priced fruit from neighboring states and Canada. If the wage board moves to 40-hours, we have plans to remove trees and transition to less labor-intensive crops. New York State must maintain the 60-hour overtime threshold and protect New York agriculture, farmworker jobs and our food supply,” Jim Bittner, Bittner-Singer Orchards located in Niagara County, NY.

Prior to the adoption of the 60-hour overtime threshold, the industry standard for farmworkers was 80 hours during peak season⁠—a well-established concept amongst farmworkers and farmers whose industry is reliant on labor-intensive harvesting. Although influenced by downstate activists unfamiliar with the agriculture industry, the threshold of 60 hours served as a compromise, despite objections from farmworkers who want as many hours as possible. Farmworkers, many of whom come from other countries to work seasonally, benefited from the long weekly hours in order to make a projected income to return home with. Currently, farmers are at risk of not being able to afford their workers at all with the potential for an even more onerous overtime threshold. Tours like today’s provide the opportunity to educate elected officials and key stakeholders about the agriculture industry and how the proposed policy change with drastically harm the industry.

Later this year, the New York State Wage Board will revisit the 2019 Farm Laborers Fair Labor Practices Act’s 60-hour overtime threshold for farmworkers and determine if an adjustment to 40 hours will be necessary. For more information on the group’s efforts, please visit https://grownyfarms.com/.

Video Produced by The Batavian

Press release from Assemblyman Steve Hawley's office:

Following increasing pressure from Downstate lawmakers to overturn an 80-year law and allow farm workers to unionize, Assemblyman Steve Hawley (R,C,I-Batavia) is again calling for statewide public hearings to be conducted by the Assembly before any vote is proposed to make such a sweeping change to one of New York’s largest industries. 

The former owner/operator of Hawley Farms in Batavia was one of the first legislators to sign onto the Assembly Minority’s letter requesting public hearings on unionization.

“Growing up as a generational farmer in Western New York and eventually owning and operating our family farm, I am confident that unionization would harm our industry and force more family-owned operations to close,” Hawley said.

“Farming is unique in its demands, its work schedule, its earnings structure and its labor needs, and to impose blanket requirements to make it congruent with other industries simply may not work in the agricultural model.”

Hawley, a longtime member of the Assembly’s Agriculture Committee, has been in conversations with Chairwoman Donna Lupardo (D-Binghamton) to hold public hearings for several weeks.

“I suspect that the New York City lawmakers pushing this legislation have very little experience on a farm and we need statewide hearings to ensure that current farmers, their employees and members of the agriculture community are heard before any decisions are made,” Hawley said.

Sen. Jessica Ramos, a first-term state legislator from Queens, and sponsor of the Farmworkers Fair Labor Practices Act visited Batavia and Elba yesterday to meet with farmers and farmworkers at the invitation of Sen. Michael Ranzenhofer.

In the morning she and Ranzenhofer hosted a discussion with more than a dozen area farmers and some of their workers in the foyer of the Call Arena at Genesee Community College. That event was closed to the press and a reporter who showed up was asked to leave.

In the afternoon, Ramos visited the Torrey Farms Big-O onion packing facility in Elba and when The Batavian arrived, we were not asked to leave and were able to obtain exclusive coverage of the event. We were unable to interview Ramos at the event because of a scheduling conflict but expect to be able to talk with her soon.

At yesterday's event, we spoke with farmworkers and farmers and were told repeatedly that farmworkers do not favor the farmworkers bill because they fear it will mean fewer hours and less money.  

Farmworkers said they understand the weather-driven variability of farm work and they said that it is critical to their ability to making a living that they be able to pack in as many hours in a week as they can when the sun is shining. They depend on the income to take care of family members back home, their families here, to pay mortgages, send kids to college, and fund their own business-ownership dreams.

Farmers said that if the proposed overtime laws pass, they will be forced to reduce hours worked by their employees and that their migrant employees, who don't have ties to the area, will likely leave for nearby states such as Pennsylvania and Ohio, where they can work as many hours as they want.

UPDATE 11:20 a.m.: Sen. Ramos canceled our interview scheduled for this afternoon.