December 3, 2009

NOFA-NY Opposes Farmworkers Bill, but Supports Collective Bargaining Rights in Separate Legislation

The Northeast Organic Farming Association of New York (NOFA-NY) opposes the Farmworkers Fair Labor Practices Bill of 2009 (A.08617 and S.2247). The proposed law would make sweeping changes to current labor law that address a mix of labor issues (collective bargaining, minimum wage, overtime pay, workers compensation, unemployment insurance) that are historically identified, debated and crafted with separate legislation. Within the proposed law, NOFA-NY both opposes and supports different issues, and ultimately believes that these issues should be addressed under separate legislation.

NOFA-NY strongly opposes the overtime provision of the proposed law. Absence of overtime pay in agriculture is not a case of exploitation, but reflects the environmental constraints that are unique to agriculture, specifically the seasonality and weather sensitivity of planting, growing and harvesting crops. Agricultural labor clearly does not compare to labor in other industries, which is why currently only three states in the USA have any overtime pay requirements for farmworkers, and none as far reaching as those proposed in New York’s Farmworkers Fair Labor Practices Bill.

Another aspect of the proposed law which NOFA-NY strongly opposes is the proposed change to require unemployment insurance for all farm employees when the annual payroll of the employer exceeds $300 a year. Most of the laborers on these small farms are seasonal and will not be employed long enough to qualify to collect unemployment insurance. Consequently, requiring small farms to participate in unemployment insurance would work as a tax on farmers without providing benefits for laborers.

NOFA-NY also objects to the definition of farm family labor in the bill which limits family to husband, spouse, and minor child. Operations with multiple family members, i.e. adult brothers and sisters in partnerships, would have to include these family members in the overtime and other mandated provisions.

While opposing the Farmworkers Fair Labor Practices Bill as a whole, NOFA-NY does support other portions of the bill. NOFA-NY strongly supports providing collective bargaining rights to farmworkers; acknowledging that there are some farms where farmworkers are exploited, and that collective bargaining rights for farmworkers are an effective means to address these wrongs. NOFA-NY also supports eliminating the “youth rate” for agricultural labor.

NOFA-NY welcomes the opportunity to work with groups trying to improve opportunities for everyone who is working in agriculture, both employees and employers, but believes that the Farmworkers Fair Labor Practices Bill is not the appropriate vehicle to create positive change for farm labor issues.

NOFA-NY is a non-profit educational organization committed to promoting a sustainable regional food system.