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40-Hour Work Week For Farms Coming In 2032

OBSERVER Photos by Timothy Frudd A bipartisan group of state representatives, including state Sen. George Borrello, third from left, visited Country Ayre Farms in Dewittville Wednesday as part of a tour of Western New York’s farms and agricultural businesses. The tour is meant to bring attention to the impact state legislation has on local farmers and their businesses.

As was expected, New York state farm employees will have a 40-hour work week — though the full phase-in of the 40-hour week won’t come until 2032.

Roberta Reardon, state labor commisioner, announced Friday she accepted the Farm Laborers Wage Board to lower the current 60-hour threshold for overtime pay to 40 hours per week by January 1, 2032, allowing 10 years to phase in the new threshold. The board’s report recommended that the reduction in overtime hours take place by reducing the overtime work limit by four hours every other year beginning in 2024 until reaching 40 hours in 2032, giving agriculture businesses proper time to adjust.

During the course of the board’s deliberations in 2022, Gov. Kathy Hochul and the state Legislature enacted three new tax credits to assist farm employers in transitioning to a lower overtime standard. The Investment Tax Credit was increased from 4% to 20% for farm businesses, providing an encouragement for potential automation of farm production. The Farm Workforce Retention Tax Credit was increased to $1,200 per employee to provide near-term relief to farmers. A new refundable overtime tax credit was established for overtime hours paid by farm employers at the level established by the state Labor Board and confirmed by the state labor commissioner up to 60 hours.

“I thank the Farm Laborers Wage Board and all New Yorkers who provided insight and input during this inclusive process,” said New York State Department of Labor Commissioner Roberta Reardon. “I come from a farm community myself, so I know how important the agricultural sector is to the New York State economy. Based on the findings, I feel the Farm Laborers Wage Board’s recommendations are the best path forward to ensure equity for farm workers and success for agricultural businesses.”

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