By Ryan Beil
On June 19, 2019, the New York State Senate passed the Farm Laborers Fair Labor Practices Act (“The Act”).[1] The Fair Labor Practices Act, sponsored by Senator Jessica Ramos, was created to grant collective bargaining rights, worker’s compensation, and unemployment benefits to farm laborers.[2] While championing the bill’s passage, Senator Ramos exclaimed that “The Farmworkers Fair Labor Practices Act has lingered in this body for 20 years, with seven sponsors on both sides of the aisle . . . . There are 80,000 to 100,000 farmworkers that are the backbone of New York’s multi-billion dollar agricultural industry. Today we are correcting a historic injustice, a remnant of Jim Crow-era laws, to affirm that those farmworkers must be granted rights just as any other worker in New York.”[3]
New York ranks among the top agricultural states in the country; it is the second largest producer of apples, snap beans, and maple syrup, and is now the third largest dairy producer in the nation.[4] Prior to the passing of the Farm Laborers Practices Act, farmworkers were excluded from the labor laws of New York State.[5] The Act is meant to correct the aggrieved denial of fundamental labor protection and rights for farmworkers working in a multi-billion dollar industry in New York State. The Farm Laborer Fair Labor Practices would allow for the creation of a work environment for farming communities with clearer work protections, including: deeming individuals employed as farm laborers as “employees” under the New York State Employment Relations Act so as to allow the right to organize and collectively bargain; granting overtime pay equivalent to 1.5 times the regular rate after 60 hours a week; requiring 24 hours of consecutive rest per week; expanding unemployment insurance coverage to all farm workers; expanding eligibility for workers’ compensation coverage and establishing eligibility for disability benefits; requiring all employers to post notices regarding their compliance with worker’s compensation requirements; prohibiting discrimination against an employee for filing injury claims; and establishing a Farm Laborers Wage Board to provide recommendations as to additional overtime for farm laborers.[6]
While advocates and elected officials celebrated the passage of the Farmworkers Fair Labor Practices Act, other farmers and farmer advocacy groups expressed concerns about the potential consequences of the bill. The New York Farm Bureau, highlighting a report compiled by Farm Credit East, stated The Act would add an estimated $300 million in annual costs to New York’s already struggling farmers.[7] The report, in particular, stressed that when combined with the rising minimum wage, The Act will drop net farm income by 23% at a time when the farm economy is already suffering.[8] The Bureau, which is the State’s largest agricultural lobbying/trade organization, argues that the average farm wage is more than $14 an hour and that farmers earn other unenumerated benefits including free housing, transportation, utilities, and paid time off.[9] New York currently has the highest rate of farm closures, and The Bureau, along with other farmer advocacy groups, decry that the new laws will likely increase this number.[10] Additionally, to stave off additional costs, farmers could grow less and lay off workers or limit the hours they allow employees to work.[11]
Ultimately,
on its face the Farm Laborers Fair Labor Practices Act is a significant victory
for farm laborers who have been historically excluded from basic labor
protections under the NLRA and FLSA.[12]
There are interesting economic developments to keep track of once The Act takes
effect on January 1, 2020. Most notably, if the new protections and benefits
afforded to New York farmers will outweigh the speculated negative impact to
New York farms’ bottom line and any resulting fallout from such negative
impact.
[1] See New York Senate Bill S6578 (“The Farm Laborers Fair Practices Act”).
[2] See New York State Senate, Senate Passes The Farm Laborers Fair Labor Practices Act, New York State Senate Press Release (Jun. 19, 2019), https://www.nysenate.gov/newsroom/press-releases/senate-passes-farm-laborers-fair-labor-practices-act.
[3] See id.
[4] See New York Civil Liberties Union, Legislative Memo: Regarding the Farmworkers Fair Labor Practices Act, NYCLU Support Press Release (May 18, 2015), https://www.nyclu.org/en/legislation/legislative-memo-regarding-farmworkers-fair-labor-practices-act.
[5] See id.
[6] See New York Senate Bill S6578 (“The Farm Laborers Fair Practices Act”).
[7] See New York Farm Bureau, New York Farm Bureau Highlights Extreme Labor Costs of Farm Labor Bill, New York Farm Bureau Press Release (Mar. 5, 2019), https://www.nyfb.org/news/press-releases/new-york-farm-bureau-highlights-extreme-labor-costs-farm-labor-bill.
[8] See id.
[9] See id.
[10] See Dave McKinley, Farmers Decry Passage of New Farm Labor Laws in New York State, NBC-WGRZ (Jun. 20, 2019), https://www.wgrz.com/article/news/local/farmers-decry-passage-of-new-farm-labor-laws-in-new-york-state/71-f9146bd3-25fe-4ed0-aece-e444f5ceec7f.
[11] See id.
[12] See New York State Senate, Senate Passes The Farm Laborers Fair Labor Practices Act, New York State Senate Press Release (Jun. 19, 2019), https://www.nysenate.gov/newsroom/press-releases/senate-passes-farm-laborers-fair-labor-practices-act.
