Comments may be submitted by emailing regulations@labor.ny.gov.
A three-member wage board voted in September to forward its recommendation to state Labor Commissioner Roberta Reardon for her review. That recommendation was to lower the overtime threshold for farmworkers from 60 to hours over the next decade.
Reardon accepted that plan and the rulemaking process commenced. The process includes a 60-day public comment period.
Beginning in 2024, the farmworker overtime threshold will decrease from 60 to 56 hours. Every two years, the threshold will fall by four hours — 52 in 2026, 48 in 2028, 44 in 2030 and 40 in 2032.
The plan has been criticized by farmers and state legislators who believe the change will harm New York agriculture. They cite a Cornell report that surveyed dairy farmers and found nearly two-thirds of farms would shift away from milk production, move out of state or leave the industry. Half of vegetable growers said they would either scale back or cease operations.
Groups advocating on behalf of farmworkers support the lower overtime threshold. One of their main arguments is that it would align farmworkers with laborers in other industries who get overtime after 40 hours of work.