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 commissioner, 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.”

During a recent legislative farm tour at the Country Ayre Farm in Dewittville, Richard Kimball, Chautauqua County Farm Bureau president, said lowering the farming overtime threshold from 60 hours to 40 hours per week was the central concern for the farmers. Contrary to the state’s assessment, the farmers at Country Ayre Farms said that if the state lowers the overtime threshold, their employees will see a decrease in pay because farms will limit the hours of employees to prevent additional costs.

State Farm Bureau President David Fisher, who was the lone no vote against the Farm Labor Wage Board’s decision to decrease the overtime threshold from 60 hours to 40 hours, was again critical of the decision on Friday.

“This is a difficult day for all those who care about New York being able to feed itself,” Fisher said in a news release. “Commissioner Reardon’s decision to lower the farm labor overtime threshold will make it even tougher to farm in this state and will be a financial blow to the workers we all support. Moving forward, farms will be forced to make difficult decisions on what they grow, the available hours they can provide to their employees, and their ability to compete in the marketplace. All of this was highlighted in the testimony and data that the wage board report and the commissioner simply ignored.”