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Farmworker Fair Labor Practices Act

July 17, 2019 - 4:47pm

Today, July 17, Gov. Andrew Cuomo signed into law the Farmworker Fair Labor Practices Act (S6578/A8419). It was voted on and passed by the New York State Assembly and Senate last month.

Proponents claim the new law will extend basic labor protections to New York State’s farmworkers by allowing them the right to collectively bargain and get overtime pay.

It was sponsored by Assemblywoman Cathy Nolan and Senator Jessica Ramos, both of Queens.

Western New York farmers and lawmakers were among those who lobbied against the legislation, citing the devastating impact it could have on family farms and agriculture, the primary economic driver of the region.

Upon its passage in the Senate in June, Sen. Michael Ranzenhofer said: "This is just another example of Downstate legislators who do not understand the Upstate economy. This will impose hundreds of millions of dollars in mandates onto farms who are already struggling. Simply put, it is going to eliminate jobs and put farms out of business."

For the complete post with reactions after the Senate passage of the bill, click here.

Below is a press release sent this afternoon from Grow NY Farms on the Governor's signature today creating the new law.

For months, hundreds of farmers and farmworkers spent countless hours seeking to find a balance with elected officials on measures that will change working conditions on farms across New York State. However, the measure that ultimately passed the Legislature and was signed by the Governor on July 17 did not address the challenges and needs of farmers and farmworkers.

This measure does not create a path that will assure an economically viable New York agriculture industry, and the four fixable flaws within this bill will likely drive more family-owned farms out of the state or out of business. Worst of all, farmworkers will feel the impacts the most because their work hours will be restricted and their income reduced.

Grow NY Farms has been seeking to correct four fundamental flaws contained in the new legislation (Assembly Bill No. 8419 and Senate Bill No. 6578). Modifications include:

  • Applying a standard wage rate for farmworkers who decide to work on the prescribed day of rest.
  • Expanding the family farm definition to include close relatives such as aunts, uncles, nieces, nephews and cousins.
  • Modifying the composition and timeline of the wage board.
  • Preserving secret balloting for both farmworkers and farmers.

“New York's farmers have been at the table from the beginning asking for a workable solution, a bill that would provide the balance agriculture would need to sustain itself as an important job creator and food provider in this state. Common ground should have considered what farms can afford and the opportunities our employees will lose as a result of this law. In the end, our reasonable requests were cast aside, even though there was support for a moderated bill from legislators on both sides of the aisle. What was also dismissed by many of New York's leaders is the dignity and respect our farm families have long provided to the men and women we need and work alongside every day. While the final legislation signed by the Governor is certainly better than the original version of the bill, it will still lead to significant financial challenges for farmers and the continued erosion of our rural communities,” said David Fisher, New York Farm Bureau president and dairy farmer in Madrid.

"It is upsetting that state lawmakers have placed rural New York at a serious disadvantage in our ability to compete in the market place and provide economic opportunities for our employees. This new law failed to take common sense into account, and in turn, will place Upstate further behind in its ability to grow our farms and economy. Our farms and farmworkers deserved better for all that they provide this state,” said Brian Reeves, of Reeves Farms in Baldwinsville and president of the New York State Vegetable Growers Association.

“Long Island has a proud tradition of being a source that New Yorkers turn to for fresh food, wine, flowers, landscape plants and more. Our farms have also provided good, quality opportunities for our employees to get job experience and support their families at home and abroad and have the potential to advance their careers. Sadly, those days are numbered as the farm labor bill will force dramatic changes on agriculture as we know it. It won’t just be our farm families and employees who will suffer, but our customers who value what it means to buy “Grown on Long Island.” Unfortunately, by the time that the legislators who voted for this misguided bill realize the damage they have done to the agricultural industry on Long Island and the rest of the State of New York, it will be too late. This is a sad day for all of us,” said Karl Novak, president of the Long Island Farm Bureau.

“Dairy represents New York’s largest agricultural industry. Our farms must operate 24 hours a day, 365 days a year in order to care for our cows and produce fresh, nutritious milk. We certainly appreciate that legislators who listened to the many voices expressed by stakeholders in trying to negotiate a bill fair to everyone, but we were disappointed in language added in the final hours that has the potential to both negatively impact the long-term viability of our farms and the earning potential and livelihood of our workers,” said Jon Greenwood, president of Northeast Dairy Producers Association and dairy farmer in Canton.

“My family has a long history of supplying fresh fruit to our Hudson Valley community every year, and we have seen our business diversify into building a cidery, but we are worried that the tradition we have built is now in jeopardy with the signing of this legislation. We are proud of our workforce and the benefits we provide them, but the massive increase in labor costs coming down the pike because of this new law will make it difficult to sustain the business that has lasted for generations and one that I hoped to continue. I’m afraid this could be the breaking point for our orchard and many like ours across the state,” said Sarah Dressel, of Dressel Farms in New Paltz and Chairperson of the New York Apple Association’s Board of Directors.

“Today’s job market is competitive, and many farmers provide their workers with optional days of rest, sick and holiday pay, and other benefits. I appreciate New York’s effort to ensure all farms are doing this, however, by limiting worker hours, we are taking away opportunity that many are seeking. Employees do not want to work simply to live – they enjoy farming and want to save for their families and their future. This bill does not include fixes that are needed to help our farms and farmworkers thrive. The reality is clear, our workers will pack their bags and seek opportunity in another state,” said Jose Iniguez, vice president of Lamont Fruit Farms in Waterport and former farmworker.

“This spring, New York’s family farms faced some of the toughest planting conditions we’ve seen in years, and continue struggling to compete against regional and national competitors. Our challenges have been compounded due to recent actions by state officials who have endorsed policies that are fundamentally changing our businesses and threatening the viability of New York’s farm community.  We are urging the Governor to fix several flaws in the Farm Labor bill in order to support the future of New York’s growers, harvesters and dairy producers,” said David Zittel, president of Amos, Zittel and Sons in Eden.

“The Farm Labor will bring about unintended, yet devastating changes to our state’s agriculture sector. The farmworkers who work side-by-side with farm owners and their families want to see this industry continue to grow and diversify, and they understand they are big part of each of our farms’ success. However, this legislation will force many growers and dairy producers to lay off workers or cut hours in order to remain competitive. Far worse is that some will make the difficult decision to cease farming – and New York’s consumers will see prices increase and their source of fresh fruits, vegetables and dairy products diminish. We want to grow our farms, employ more staff, and continue providing the best workplace possible for our workers. The Governor must fix several flaws in this legislation in order to support the more than 30,000 farms across Upstate and on Long Island – and without action, he will be sacrificing those who were counting on him the most,” said Dale-Illa Riggs of The Berry Patch in Stephentown and President of the NYS Berries Association.

For a full list of Grow NY Farms campaign supporters, visit: GrowNYFarms.com

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