Senate Bill S9509

                                 
BILL NUMBER: S9509

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to repeal section 674-a of the labor law, relating to establish-
ing the farm laborers wage board

 
PURPOSE:

To eliminate the Farm Laborers Wage Board that was created through the
Farmworkers Fair Labor Practices Act.

 
SUMMARY OF PROVISIONS:

Section 1 repeals section 674-a of the Labor Law which created the Farm
Laborers Wage Board. Section 2 is the effective date.

 
JUSTIFICATION:

The 2019 Farm Workers Fair Labor Practices Act contained a provision to
              

create a Wage Board to evaluate lowering the overtime threshold for farm
laborers below 60 hours a week. In January 2022, the Wage Board recom-
mended lowering the threshold to 40 hours over 10 years starting in
2024. Throughout the public comment period, feedback from farmers and
farmworkers has overwhelmingly been that the impact of going from 60
hours to anything less will create a labor crisis for New York agricul-
ture. Farmers provide a public good, and they have been relied on more
than ever during the pandemic. The state legislature should provide them
some relief from the already onerous burden the Farm Workers Fair Labor
Practices Act and other existing government mandates have placed on
them. This legislation seeks to keep the overtime threshold at 60 hours.

Data from a Cornell University study shows the potentially devastating
side-effect of this law. The study concludes that 70% of New York farm
labor guest workers would not return to New York, should the threshold
be lowered, and would seek work in other states.

In the state-conducted hearings on lowering of the threshold, overwhelm-
ingly, the workers that testified were against lowering the threshold.

The wage board making this crucial and potentially harmful decision is
made up of just three people. Only one of which has agriculture experi-
ence.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

The fiscal impact of this legislation is undetermined, however, should
result in out-year savings.

 
EFFECTIVE DATE:
Immediately