Assemblyman Steve Hawley toured farms in Genesee, Orleans and Monroe Counties today to listen to worried farmers.
After passage of the Farm Labor Bill in NYS in July, farmers are concerned about losing their workers who come to the area on the H2A Program. The program permits farmers to employ non-immigrant alien workers (guest workers) and they can perform any type of farm work, seasonal or temporary, for a maximum of ten months.
The Farm Labor Bill will change the way farms currently operate.
The bill establishes the Farm Laborers Fair Labor Practices Act to protect farm worker rights and it ensures equitable housing and working conditions. The bill grants farm workers overtime pay, a day of rest each week, disability and Paid Family Leave coverage, unemployment benefits and other labor protections. The bill will take effect on January 1, 2020.
The biggest worry at CY Farms in Elba is hours and overtime.
They farm 6300 acres, have about 3,000 heifers and farm in three counties in NYS.
“These folks that come are here to work,” says Craig Yunker, Managing Partner at CY Farms & Batavia Turf.
“They are here for a limited amount of time and they can only stay a few months. The are not here to take weekends off and picnic with their families cause their families are not here.”
H2A workers currently make $13.25 per hour plus transportation at CY Farms. The Yunkers say their H2A workers from South Africa are working 70-80 hours a week.
Under the rules of the new law, the Yunkers say they can only be at a maximum of 60 hours. The Yunkers say they will not be able to stay in business and pay their workers that extra money.
“Their whole focus is to work as many hours as they can while they are here. When farmers say we can’t afford to pay you time and a half over 60 hours, they are going to be disappointed they can’t work more hours and they will be wanting to go to other states.”
Hawley says some farmers in Genesee County have purchased farms in other states already and are flying back and forth to these states to operate.
He says its not too late to try and change things.
Hawley says he is looking to work with the Governor and both majorities starting in January.
He says the Wage Board will determine what will happen with this bill.
The Board is made up of the Commissioner of Labor, a member of AFLCIO and a member of the Farm Bureau. Hawley was hoping a few others could be added to the Board such as the Commissioner of Ag & Markets and a member of the agricultural community.
“The wage board is able to change any portion of this law any time they want to.”
“You can always amend laws and do the right thing,” says Hawley.
Hawley also visited Zuber Farms in Churchville, Kludt Brothers Farm in Kendall and Lynn-ette & Sons Inc. in Kent.
