Understanding Ny Farm Workers Law: Who Qualifies?

The Farm Laborers Fair Labor Practices Act, also known as the Farm Workers Bill, was signed into law by former New York Governor Cuomo on July 19, 2019, and took effect on January 1, 2020. The Act grants farm workers in New York State a range of rights and protections, including overtime pay, a day of rest each week, disability and Paid Family Leave coverage, unemployment benefits, and collective bargaining rights. The Act also ensures equitable housing and working conditions for farm workers and removes them from the list of workers excluded from coverage under the New York State Labor Relations Act.

Farm workers' rights to organise and bargain collectively

The Farm Laborers Fair Labor Practices Act, signed into law by former Governor Cuomo in 2019, grants farmworkers in New York the right to organise and bargain collectively. This law was enacted to protect farm worker rights and ensure equitable housing and working conditions.

The Act amends the labor law by removing farm labourers from the list of workers excluded from coverage under the New York State Labor Relations Act. Farmworkers are now guaranteed the same rights given to other workers by section 703 of the Act. These rights include "the right of self-organisation, to form, join, or assist labour organisations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion of employers."

The Act grants farmworkers the right to join and organise labour unions without fear of retaliation. This is a significant development, as farmworkers were previously excluded from the Federal Fair Labor Standards Act and the National Labor Relations Act, denying them the same basic labour protections and rights that other workers enjoyed.

The right to organise and bargain collectively is an aspect of freedom of association, as granted by the First Amendment of the Constitution. Through collective bargaining, employees can pursue improved working conditions and terms of employment. This law also ensures that farmworkers are provided with sanitary housing, regardless of the number of occupants.

Farm workers' right to a day of rest each week

On July 19, 2019, former Governor Cuomo signed the Farm Workers Bill, which established the Farm Laborers Fair Labor Practices Act to protect farm workers' rights and ensure equitable housing and working conditions. The bill, which took effect on January 1, 2020, grants farm workers a day of rest each week, among other benefits.

Who does the Farm Laborers Fair Labor Practices Act apply to?

The Act applies to farm laborers, defined as:

> any individual engaged or permitted by an employer to work on a farm, except the parent, spouse, child, or other member of the employer's immediate family.

The Act requires employers to provide farm workers with at least one day (24 consecutive hours) of rest in every calendar week. This day of rest should coincide with the traditional day for religious worship whenever possible. Farm workers are allowed to voluntarily work on their day of rest, but they must be compensated at the overtime rate. Employers must also keep a weekly record of hours and days worked.

If an employer fails to provide the required day of rest, employees can file a complaint with the New York State Department of Labor by completing and mailing a form to the following address:

NYS DOL Division of Labor Standards

Harriman State Office Campus

Building 12, Room 185B

Albany, NY 12226

Farm workers' right to overtime pay

The Farm Laborers Fair Labor Practices Act, signed into law by former Governor Cuomo in 2019, grants farmworkers in New York State the right to overtime pay. This law establishes several protections for farm workers, including the right to overtime pay, a day of rest each week, disability and paid family leave coverage, unemployment benefits, and other labor protections.

Under the Fair Labor Standards Act, farmworkers are entitled to overtime pay at a rate of one and one-half times their regular rate of pay for hours worked in excess of 60 hours per week. This is a significant victory for farmworkers, who have long been excluded from federal worker protections. The law also grants farmworkers the right to organise, form, or join labor unions without retaliation.

In February 2023, the New York State Department of Labor announced that it had adopted the final farm labor overtime regulations, lowering the overtime threshold from 60 hours to 40 hours per week by 2032, allowing for a 10-year phase-in period. This means that farmworkers in New York State will be entitled to the same overtime protections as workers in other industries, who typically follow a 40-hour workweek.

The state of New York will provide tax credits to farmers to offset any adverse financial effects of the new overtime threshold. This includes a refundable tax credit of 118% to farm owners for overtime worked, plus additional administrative costs. The state will also provide an investment tax credit of 20% to encourage automation and an extended workforce retention credit through 2025, doubling to $1,200.

Farm workers' right to disability and paid family leave coverage

On July 19, 2019, the Farm Workers Bill was signed into law in New York, establishing the Farm Laborers Fair Labor Practices Act. This Act grants farm workers a host of rights, including disability and Paid Family Leave coverage.

Disability Insurance and Paid Family Leave Coverage

Farm employers, owners, and operators are required to provide New York's disability benefits (DB) and Paid Family Leave (PFL) insurance coverage to eligible farm laborers. All employers are prohibited from discriminating against employees who request DB or PFL claim forms.

Paid Family Leave

Most private employers with one or more employees are required to obtain Paid Family Leave insurance. Employers must also collect employee contributions to pay for their coverage and complete the employer portion of the Paid Family Leave request form when a worker applies for leave.

Farm Workers' Eligibility for Paid Family Leave

Farm workers are eligible for Paid Family Leave. The Farm Laborers Fair Labor Practices Act (passed in 2019) altered the definition of “Employee” by removing “in labor on a farm” as an exception to employee.

Other Benefits

The Farm Workers Bill also grants farm workers overtime pay, a day of rest each week, unemployment benefits, and other labor protections.

Farm workers' right to unemployment benefits

The Farm Laborers Fair Labor Practices Act, signed into law by former New York Governor Cuomo in 2019, grants farmworkers unemployment benefits. The Act, which came into effect on January 1, 2020, provides farmworkers with a range of rights and protections, including overtime pay, a day of rest each week, disability and Paid Family Leave coverage, and unemployment benefits.

Under the Act, farm employers and, in certain conditions, farm crew leaders, are required to provide unemployment insurance coverage for their employees. However, H-2A Foreign Guest Workers are excluded from unemployment insurance coverage. To be eligible for unemployment insurance benefits in New York State, workers must have worked and earned enough wages in covered employment. They must also have lost their employment through no fault of their own, be actively seeking work, and be ready, willing, and able to work.

The Act defines "farm labor" as:

> [A]ll services performed in agricultural employment in connection with cultivating the soil or in connection with raising or harvesting of agricultural commodities, including the raising, shearing, caring for and management of livestock, poultry, or dairy.

The Act also altered the definition of "Employee" by removing "in labor on a farm" as an exception. This change ensures that farmworkers are classified as employees and are, therefore, entitled to the rights and protections granted by the Act.

The implementation of the Farm Laborers Fair Labor Practices Act was a significant step towards protecting the rights of farmworkers in New York State and ensuring they receive the same basic labor protections as other workers.

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