New York Farmers’ Overtime Pay Threshold Change Finalized

On Wednesday, New York State approved a measure to lower the hourly threshold for farm workers to qualify for overtime pay to 40 hours by 2032.

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According to a report by Maysoon Khan for the Associated Press, the hourly threshold for farm workers in New York to start receiving overtime pay will be lowered from 60 hours per week to 40 hours per week by 2032. Beginning in 2024, the threshold will be lowered to 56 hours per week before receiving overtime pay. The threshold will continue to decrease over the years until it reaches 40 hours per week by 2032.

Roberta Reardon, New York State Department of Labor Commissioner, said it would "ensure equity for farm workers, who are the very backbone of our agriculture sector."

Following the finalization of the change, State Senate GOP Leader Rob Ortt stated "Our family farmers are already struggling with skyrocketing inflation, high unemployment insurance taxes, and a severe worker shortage. This is one more burdensome mandate passed on by unelected bureaucrats that will cause more harm."

Farm owners have fought back against the measure over recent months, claiming that lowering the overtime pay threshold will threaten family farms by driving up labor costs.

According to Khan's report, New York plans to counteract the negative economic impact the new overtime hours threshold could have on New York farmers by expanding tax credits for farmers as part of Governor Kathy Hochul's budget plan. Farm owners would be able to receive a tax credit of $1,200 per employee and a refundable overtime tax credit was established to help farm employers pay the increased overtime hourly wages.