Lessons from the Past

 

If we are honest with ourselves, I think most of us in the short run are slow to accept changes. We do not like situations thrust upon us from outside forces. In retrospect, it is often these changes that have saved us. They have forced us to stop our daily grind and search outside of the box for new solutions to everyday needs. History will support me in that innovation is encouraged when there is an emergency. We are seeing this currently with how the Covid 19 Virus has inspired new discoveries in our health care delivery.

I fell that fruit production is also at one of these crossroads. If we are going to be able to supply a fresh product to our consumers we will have to do so at an affordable rate. We are price takers yes. My observation on this is a bit different. As production costs have risen so also have returns to the farm.  My observation of over 50 years is that too often the per unit return is always enough to cover net production costs but very little to go towards renewal or profit. This fact is why we continue to see the number of farms annually decline. Those that survive, in my opinion, have accepted the challenge of innovate or perish. Survival of the fittest. This occurs in natural selection as well as farming.

Labor has been and will always be a challenge for our industry. We have such short term needs for labor that it makes it impossible to expect local communities to supply the necessary labor. Migrant inflows of short-term labor, while increasingly expensive, has always been sourced. I cannot recall a single farm that failed to find some degree of labor during these times of need. So long as this availability persist, we will not quite reach the tipping point of seeking a new solution.

In fruit production I see three periods of short term labor intensive need.

Paul Baker,
Executive Director
NYSHS

Once the task is complete, we do not need the labor. Pruning, hand thinning and harvest are the three I have in mind. In my opinion we are currently at a crisis as to how to complete these tasks in a cost-efficient manner. To annually apply large numbers of increasingly expensive hand labor surely will reach a breaking point. My fear is, that as an industry, we have not reached a level where we accept this fact. The cotton industry, upon the close of the Civil Warm was saved by the cotton gin and the automation of planting and harvesting of cotton.

Our packing lines are in fact light years ahead of the cultural practices in our “modern” orchards. Many of the skills used in our packing lines need to be taken outside to our orchards. Use of cameras and infra light technology needs to be directed to our cultural needs. What is needed is the research push from the complacent production side of the fruit equation.

For the last two years the Horticultural Society has been in Albany planting the seed of such a change. We need to concentrate funds to direct technology to address the need for computer generated procedures on our trees. We believe that we may already have most of the technology to perform each of these before mentioned tasks. What has been missing is the catalyst from the growing industry that it Is ready to apply such technology. We have already been working with a high-tech company that is interested in such work. They are now only on the outside looking in. We need to encourage them to proceed and that upon completion we will be ready to apply this service.

Really what it always comes down to is that we seldom pursue the new technology until it is absolutely necessary. I again refer to what is happening in real time with the Covid 19 Virus. We must learn new skills to function in our orchards that will allow us to control our production costs. I think it is the correct time to encourage our efforts in a new, more progressive manner. Change can be a very positive driver under the correct leadership. We need to learn some lessons from our past.

Farm Labor Wage Board Hearings

Last June the New York State Legislature passed the Farm Laborers Fair Practice Act. It has many new regulations for the new rules of farm worker employment. The two most obvious rules were the establishment of a 60-hour overtime limit and the right for farm workers to join a union of their choice. At the very last hour during final debates a Wage Board was added to the bill. The singular purpose of this wage board is to determine if the 60-hour standard is fair and accurate. This board, upon review, may hold it at 60 or lower it to a lower number. It cannot remove it or raise the limit above 60. This wage board is to be made up of three representatives. One from NY Farm Bureau, one from the AFL-CIO and one from NYS Labor.

One of the unsettling aspects of the passage of this Act was that there was no set time for the industry to adjust to this new 60-hour standard. Other similar passages in other States have always allowed a 5-year or longer period of time. This was very obviously omitted from this Act. Therefore, the industry has no security that this 60-hour level will remain a standard. Lurking in everyone’s mind is the very real possibility that the newly established wage board will institute a lower level.

The Wage Board will meet five times in early spring. This will range from February 28 to April 23, 2020. These will be public hearings at which time people may have three minutes to make a statement as to the ruling in question. It will be absolutely essential for many voices from agriculture to take the time to express their concerns. Failure to do so will send a strong message that agriculture is in full support of a lower standard for overtime on our farms.

All concerned citizens will be afforded the opportunity to express their opinion. This means advocates for a 40-hour standard will be sharing the stage. We must counter this by offering concise logical reasons this simply has no economic room at this time on our farms.

I will be in attendance at the last 4 hearings. I personally will offer comments at two of the hearings. It is

Paul Baker,
Executive Director
NYSHS

so critical that despite your very busy work schedules you present at least at one of these hearings. We will only curtail future damage if we present a consistent argument. Below you will find some supporting reading for you on this. You must register on-line before the hearing. You will not be offered an opportunity to speak if you do not register. Below you will find the web address for you to register. www.ny.gov/content/flflpa-wage-board-hearings-sign

If you have any difficulty feel free to reach out to me for help.

You may struggle with what to say. Three minutes is really not very long. They stick to the three-minute time. Do not waist time with polite openings. Get directly to the issue. You will be asked to leave a written copy. The fact that you present will be as important as what you say. Your silence will be filled by voices for advocates for 40 hours. Can you really justify this? This is perhaps the most critical battle you will ever have to face. Farming in 2020 has no room for survival at 40 hours. The grocery stores will be fully stocked but not with food from New York farms.

Message From Brian Reeves – PLEASE PARTICIPATE IN THE WAGE BOARD HEARINGS THIS MARCH AND APRIL

 As you can see by the attached announcement, the NYSDOL has scheduled 5 hearings across the state for the newly appointed Wage Board.  It is imperative that farmers and farmworkers turn out and tell their stories.  If we are to have any chance of convincing Albany to keep the overtime threshold at 60-hours, we need to tell our story of how lowering the threshold will threaten the viability of our farms.  While our economic story is critical, we must also make sure that farmworkers turn out also and tell why they do not want their hours cut any more.  These hearings come at a bad time for us, many of us don’t have many of our workers hear yet and we will be getting very busy soon, but we must make the effort to show up and be heard.  I have attached some guidelines on how to have your workers testify and I believe Farm Bureau also has some tips on testifying.  Please reach out to me if you need any help.

 Brian Reeves 315-243-1660

 NYSDOL Announces Farm Labor Wage Board Hearings

The New York State Department of Labor (DOL) has announced that the wage board will hold five hearings across the state, beginning this Friday and going through April. The wage board was created by the recently enacted Farm Laborers Fair Labor Practices Act and is statutorily required to hold its first hearing by March 1st to consider lowering the current 60-hour work week threshold for overtime. Under the Act, the Wage Board must hold at least three hearings at which the public will be afforded an opportunity to provide comments.  The board will hold five hearings in various parts of the state and consider the input it gathers from farmers and other stakeholders.

New York Farm Bureau President David Fisher, a NEDPA member from Madrid, NY holds one seat on the three-member wage board. The other two members include Brenda McDuffie, appointed by the DOL Commissioner, and Denis Hughes, representing AFL-CIO. McDuffie is the chair of the Erie County Industrial Development Agency and President and CEO of the Buffalo Urban League. Hughes has served as chairman of the Federal Reserve Bank of New York and is past President of NY AFL-CIO.

Public hearings are scheduled as follows: 

  •  Friday, February 28– 11am – Albany – New York State Museum Cultural Education Center, Clark Auditorium, 222 Madison Avenue, Albany, NY 12230
  • Friday, March 13– 11am – Syracuse – Onondaga Community College, Storer Auditorium,  4585 W. Seneca Turnpike, Syracuse, NY  13215
  • Monday, March 23– 11am– Binghamton – Binghamton University, Symposium Hall, Center of Excellence Building Innovative Technology Complex, 45 Murray Hill Road, Vestal, NY 13850
  •  Thursday, April 16– 11am – Long Island – Brookhaven Town Hall, 1 Independence Hill, Farmingville, NY 11738
  • Thursday, April 23– 11am – Batavia – Geneseo Community College, William Stuart Forum, 1 College Rd., Batavia, NY

    All attendees are encouraged to preregister. Those making public comment will be scheduled in the order of registration. Individuals can register at: http://www.labor.ny.gov/farmwageboard.

TALKING POINTS FOR FARM WORKERS AT THE WAGE BOARD HEARINGS

 1.Overtime after 60 hours

Most farm workers I have talked to have said they want to make as much money as they can to send back to their families.  At first, the payment of time-and-one-half sounds good until the farmer explains that they won’t be able to pay that much and will try to limit their hours to close to 60 per week.  Most farmworkers are not pleased with the reduction in hours per week, but often times 60 is not that much less than most weeks they have worked in the past so they can live with it.  But most workers have made it clear that if the hours decrease much more, they will go to other states which will freely allow them to work more hours and make more money per week.  Explaining this to the farm worker is critical so they can explain in the hearing they don’t want this restriction on work and will try to go where they can get more hours.

  1. Mandatory 1 day of rest per week which the worker can opt out of and if they opt out, all hours worked are paid at time-and-one-half

The vast majority of farms have determined that they can’t afford much overtime, so they require one 24-hour period off each week.  This automatically reduces the potential number of hours a worker will be paid for each week and again the workers are not happy about it.

  1. I often hear farmers talk about how much less money their workers can make working in Mexico.  Whenever labor advocates hear this they bristle at the comment and claim that this is the USA and the pay and/or housing should be much better than Mexico.  

A better way to approach this subject would be to have the farm worker talk about the opportunity that working in the US provides, and describe the decent house his family can afford in Mexico, and how he is able to provide a better living for his family because he has a chance to work on our farms in the US.

  1.  I would suggest having conversations with ALL of your workers (both domestic and immigrant) about the purpose of these hearings and if you have any doubts about the language comprehension, consider hiring a good translator to avoid any misunderstanding later. I hope these tips are helpful and should only be followed if it fits for your farm.  The more discussion you can have with your farm workers about the issues the more comfortable they will be talking about them when the time comes.  

 

New Season Ahead.  Are You Ready for What Lies Ahead?

Is it just me or is there a feeling of uncertainty about this crop? I think many growers are coming to the reality that too much of their acreage is no longer in peak demand. The shelves are seeing new names that have now so slowly replaced long standing favorites. While the apple shelf space is still impressive it cannot hold all varieties.

A few years ago, the Eastern crop had a record low crop due to poor weather. The apple shelves did not go bear. Fruit from outside the traditional reach found its way to our markets to fill this gap. Life has never been the same. New supple ties were made and new varieties became available to our consumers. We did not lose our apple consumer they simply had a new list to select from.

We need to accept that our consumer is not the consumer of our parents. That consumer was happy

Paul Baker,
Executive Director
NYSHS

to drive a Ford or Chevy. Today’s consumer wants to select from all the types of cars of the world. Our apple consumer is no different. Our challenge is to accept this reality and wisely move forward. To hold onto older varieties is similar to trying to sell yesterday’s newspaper.

So how do we meet this shift? It may sound like a broken record, but we must continue to invest in research. We need to invest in production and marketing research. We may know how to design the modern orchard but what good is it if we have the wrong variety. I believe we need to make the effort to partner with our State and Federal policy makers to invest in much needed research.

We all know the struggles we are currently having with shifts in public policy on farm labor. We cannot allow this debate to dampen our efforts to increase funding for research. If our labor is to cost us more we certainly need to be harvesting the most desirable crop.

I am confident that in many ways this year will see a huge shift in our orchards. We cannot take the attitude that we will grow what we want despite the consumer shift. We truly do farm today from the shopping cart back to the farm. Embrace change but first make every effort to research that change.

Farm Worker Fair Labor Practice Act -Part Two

One year ago we all were trying to project what might happen in Albany with the new party balance. It really came as no surprise that we would be faced with a huge effort to alter the farm worker rules in our State. After months of the most united effort by NYS agriculture the Governor recently passed the Farm Worker Fair Labor Practice Act. It was hoped that if and when such an act would be passed we could each make long term plans based upon the act. This is not the case. The ink is not dry from the signature by the Governor and there are rumblings by the Senate and Assembly that they want more.

In August I currently know of two meetings to be held by agriculture to discuss first the current Act and second what we need to do to be prepared by the new demands. Unfortunately in my opinion this act has opened up a new energy by those who do not wish to understand agriculture to do even more. The newly created farm worker review board is of course one concern. The second is that by gaining passage of this act those in the legislature have gained new energy to push for more. We had hoped we would have time to absorb the new Act.

Paul Baker,
Executive Director
NYSHS

Questions are coming in faster than answers. Every farm now has to have in place a procedure to deal with when and if their employees wish to unionize.  What impact will it have on every farm in NYS if a farm is unionized and that farm is forced to meet new rules from labor? Will this then not set a precedent to be pushed upon all farms?  We need to really have frequent and open discussions with our help as to if they are approached by labor organizers how to respond. No doubt the picture that will be presented will be void of many of the realities of unionization.

In short, farms are very much in jeopardy moving forward. I can only hope that we can maintain our united collective voice in dealing with this new round of challenges to be flowing from Albany. I must admit I personally felt very defeated when I saw the details in the new Act. The fact is we will need to maintain our voice now more than ever. Not only are the roots of our crops here but so are those of our farms and families.  I personally understand if you have a feeling of frustration. I suggest you lick your wounds and prepare to meet the next round. To lie down now is to virtually turn the keys to your farm and the farms of the next generations over. I have to ask myself what would my ancestors have done? I know for a fact my parents would be sitting fire!

Pardon Me If I Do Not Say “Thank You”

I sit here awaiting the final version from the 2019 legislature on the Farm Workers Act. I think the weather outside my window mirrors my mood today. It is raining and the last thing any of us need today is more rain! It is not official but every indication is that we will see this Bill passed before they all return to their URBAN homes. We will be left once again to try to reinvent our operations if we wish to continue farming inside the borders of New York State. We have tried for years to educate the policy wizards about all that we are doing on our farms to enhance human resources. In most cases it far out distances most jobs in the non -agriculture world.

We will most likely see, beginning in 2020, overtime after 60 hours per week. Here I suppose I am expected to pause to say “thank you” because they really wanted us to be after 40 hours per week and 10 hours per day. After hundreds of hours patiently trying to educate the realities of this upon the Non-Agriculture economy we have pushed the beginning number to 60 hours.

Second, new positive is that the State will discontinue taxing H2A employers for unemployment insurance. This does zero for the largest sector of the New York State Agriculture dairy, as they are not legally allowed to be in the H2A program. The tax is unique to New York State as all other States do not levy it as they know there is zero opportunity for any worker to ever qualify. The Federal policy

Paul Baker,
Executive Director
NYSHS

does not charge this either. So in essence they have stopped charging us for a tax that I felt was illegal. Once again I should pause to say “thank you.”

Yes we will see the opportunity for farm employees to form a union if they so desire. There are yet miles of discussion needed here before we will truly understand the workings of this part of the Bill. We have stressed that we would be willing to see if we could find some mutual ground here. Our number one fear is a work stoppage where farms would be left with no employees to harvest perishable annual crops such as apples or dairy herds left with no one to milk them.

The final concern I will share with you is the new Work Labor Board that will be created out of this Bill. It will meet as early as March 1, 2020 to determine if the Farm Worker Bill is being fare to the employees it is designed to protect. They have the sole power to make changes in the Bill. They do not need to have legislative approval. So in essence if this small Board decides that on March 1, 2020 that 60 hours is not correct, they have the power to issue a new number. In theory they could then lower it to the desired 40 hour level. Yes it is time for me to pause and again express my feelings of gratitude. Thank You.

In short, we have lost much and have precious little to show on our side. We are an industry that is already being asked annually to raise the State minimum wage above most other States. Our workers are usually paid above this wage due to the unique skills they offer and the shortage of this employee pool. We cannot stop trying to influence sound economic policy on the new majority in New York Legislature. The gap between urban and rural unfortunately did not narrow after all of these debates. Unfortunately, if agriculture is to remain viable in New York our work is not over but has only just begun. I fear those that do not understand our world have a new thirst for more in the future. Pardon me if I do not say “thank you.”

Hearing at Morrisville SUNY on Farm Labor

Thank you for the opportunity to present some objective observations from my position as the Executive Director of NYS Horticultural Society during the last ten years. For 40 years earlier I was the owner operator of Baker Farms in Niagara County. This was a fruit and vegetable fresh operation. My observations then come from two different perspectives. I have real world farm “boots on the ground” and organizational experiences.

I applaud the efforts to have multiple hearings so that every side of this discussion may be uncovered.

Paul Baker,
Executive Director
NYSHS

In my opinion, the Senate and Assembly bills we are here to discuss have long lasting implications for all of New York State agriculture and the entire up state economy. In short we need to get this right!

To begin, I am certain that everyone here has the most sincere intentions to make certain all farm workers are given every protection under the law. Farming is different from almost any other occupation. It requires total dedication to your craft. Traditional norms often do not apply. Societies have attempted and failed, such as in the Communist models, to remove the farm from the owner. In my opinion, farming is in many ways similar to being a parent.  Just as when your child has a need, you address it with no regards to time. When a crop needs to be harvested or a herd needs to be milked it has to be addressed. Farming seldom can be slotted in an 8 hour or 40 hour time slot.

When you select agriculture as your career path you accept certain realities. Just as one accepts if you are a doctor you cannot dictate when your expectant mother will deliver her child.

Agriculture, unlike public government is dependent on producing products that will meet public demand. Each farm must produce and market within the economics of the supply and demand chains. Unlike State Government that can dictate annual increases in minimum wage. Agriculture pricing is a product of world and national supplies. Buyers will seek the highest quality for the lowest price. Always have and always will. Our grocery stores will never be void of the highest quality produce and food products. The sad truth is that if New York fails to produce one gallon of milk or one bushel of apples our local shelves will remain 100% stocked.

It is this reality that brings me to my question for this body. What is the desired end best result from this legislation? It will not serve any farm worker if we create legislation that does not allow agriculture to remain competitive in this food marketing supply chain.  If farms cannot meet payrolls they will be forced to close or dramatically alter their product choices. They will be forced to downsize, move away from labor intensive agriculture or close. In each of these examples it does not offer greater opportunities for farm employees.

We have the opportunity to calmly explore numerous options beyond the current language in the  Senate and Assembly bills. I honestly feel that the final wording of these Bills can be drafted that will allow NYS Agriculture to remain a leader in production. It also can find ways to mutually protect both the employer and employee from unfair labor practices. No one wins if the final legislation is not forward thinking in ways to see Agriculture continue in New York State.

I am encouraged that we are having these hearings. I pray for cool heads. I know that farm workers are some of the hardest and most talented workers. All of New York Agriculture is united in finding ways to protect and reward farm employees. To use an old saying we must be very careful in drafting this legislation so that we do not “throw the baby out with the bath water!”

Thank you for the opportunity to address this hearing.

 

 

Hearing on Senate Bill 2837 Suffolk County Legislature April 26, 2019

Mindset of Agriculture Today While we Await the Outcome of Senate 2837

Paul Baker,
Executive Director
NYSHS

I thought it might help to hear what is on the minds of Agriculture in New York today. As the Director of 3 farm boards, I receive, on a daily basis, calls from farms asking me to project the outcome of this legislation. Nature does not allow these farms to set everything on the back burner and await the final outcome. They must make real world decisions today that may or may not really be in their best interest depending on this piece of legislation. Here are a few of those decisions/questions;

  • Should I put my farm up for sale today before this Bill becomes a reality? There is little question that land values will take a dip if this Bill passes.  I know of large farms that have in fact sold or have placed their farms up for sale before land values fall.
  • What about investing in new land, equipment, storages, employee housing both new and improved are just a few of the questions that are on hold.
  • Should I return my seed/trees for a credit or plant it? I am unsure if I will be able to afford the labor cost later this year.
  • I actually have dairy farms that are slaughtering new calves because they cannot afford to feed them under current economics. Just meeting current bills is an impossible task. If this Bill passes as currently drafted they see no path forward.
  • Estate planning? How do we plan for tomorrow not knowing if we can survive the future costs here in New York? Young farmers are looking to other careers.
  • How do I craft contracts for 2019 if I cannot project my labor costs?
  • Time to lock in on seasonal recruitment of my labor for 2019. Can I sign a work order if I do not know the terms for myself or my employees? H2A agreements need to be crafted and advertised. If I limit my men to 40 hours will I be able to attract my experienced labor to my farm?

Most every farm at this date is locked into the 2019 crop. They are very uncertain as to the rules of employment and what this will mean for their operations. Nature will not wait. Crops need to be set in a timely basis to meet harvest before the frost of winter arrives. Overhead dictates farms must move forward. The costs of not doing so would be equally damaging.

I understand that we need to ensure that every employee is protected under the rules of fair labor. I see this discussion having huge long term effects on the state economy.  We are in the midst of annual minimum wage increases here in New York.  Due to the chronic lack of New Yorkers who will work on farms we must recruit from outside our state borders and often from outside our national borders. In order to manage our farms the reality is we must attract workers to our State. Farms, out of necessity, are using the federal program H2a.

Farms this year will have no choice but to accept the final language of this legislation for crop year 2019. The real impact will come as soon as crop year 2020. Once the true cost of labor is known, farms will drastically shift into new farming practices. If they see that they cannot pass on the new labor costs they will lose their markets. Traditional crops will have to be reassessed as to their feasibility. In short, agriculture will have no choice but to take on a whole new look. Only time will tell if this look is good for both farms and their employees.

 

Farm Worker Hearings Schedule is Now Set

We now have confirmation that the New York State Horticulture Society will be on the short list to offer oral presentation at the Farm Worker Hearings. The list of hearings will be as follows;

April 25, 2019             SUNY Morrisville, NY

April 26, 2019             Suffolk County Legislature, Smithtown, NY

May 2, 2019                SUNY Sullivan, NY

We will submit a written report. Second, we will then give an oral report on our concerns. This will offer a

Paul Baker,
Executive Director
NYSHS

Q &A. The plan is to offer equal presentations offering balanced time for each side of the debate.

In preparation for these three hearings, I encourage you to submit your own version of how you see this Bill impacting your operation should it move from Bill to Law. Also attempt to offer examples of what has happened when you have tried to curtail hours on your farm. Please send these ideas to our office. I will be offering 3 reports. I wish to offer 3 separate reports that will help report your views. It is very important you participate in this process. Either email or call me to offer your opinions.

I can be reached at the following:

Paul Baker

716-807-6827 (cell)

pbaker.hort@roadrunner.com

or

NYSHS@hotmail.com

 

 

 

So, What is Happening as Far as Overtime?

The wheels of Democracy are moving. Exactly where they will stop is the question. As a grower you must be filled with more questions than answers on this legislative activity. I will try to bring you up to speed. I must tell you that at this time it is totally up in the air as to which way it will end.

To begin, we have two basically identical bills in play. Senate Bill 2877 sponsored by Senator Ramos from the Queens. She is a freshman Democrat. The key issues to her bill are the following; Overtime after 8 hours each day and overtime after 40 hours in a week; Collective bargaining; Mandatory day of rest each week. The Assembly has a very similar Bill 2750 carried by Assemblywoman Nolan, Democrat, from Queens. In the next couple months the plan is to have several hearings across the State to review and discuss these bills. At this time the specifics of when and where these events will take place are not set.

In an effort to be objective I think the authors of these bills most likely have good intensions. The issue is they have very incomplete information from which to draw their conclusions. It is our intention that we will be able to bring both sides to a clear understanding of the facts. I will tell you it is currently very difficult as there has been very little effort thus far to understand the conditions on a modern farm in New York State by the two authors of these Bills.

According to a 2019 report from Farm Credit East, mandatory overtime would increase labor costs on farms by almost $300 million and decrease net farm income by almost 25%. Net farm income is down 50% from a few years ago and farmers have little to no control over the prices they receive for the products they offer for market.

Farm workers have repeatedly stressed to farmers that the number of hours available to work weigh

Paul Baker,
Executive Director
NYSHS

heavily in their decision to work on a particular farm.  If a farm must reduce hours to fall under the overtime threshold, it would most likely force existing workers to look elsewhere for a job making a tight labor market even more stressed.

Collective bargaining has long been a grave concern for farms. The reality is that this is not such a threat so long as we can have a “No Strike” clause added. Currently there is none in either Bill. The mandatory day of rest needs to be amended to read “voluntary” day of rest. During peak harvest times neither farmers nor farm workers wish to be forced to sit.

What can you do? As the announcements become known, you need to voice your individual story as to how this Bill would impact your farm. If possible, have your employees offer their voice as to how they feel about the impact of this Bill on their lives. If you can take the time to offer testimony, do so. If not, submit written accounts of this Bill on your future. If the opportunity presents itself, be present to show solidarity to this issue. I cannot stress enough the best time to deal with a Bill is before it gets passed and signed into law. We need to stop or dramatically force changes to this Bill in the Senate and Assembly. Once it passes both chambers most feel there is little doubt the Governor will sign it.

Everyone wishes we were not faced with this challenge. The 8 hour per day and 40 hour per week version will, if passed, dramatically alter New York agriculture. We simply will not be able to meet national prices. As much as you may not like it, some form of overtime will very likely be in play. We need to get these numbers at a level we can still hire labor and remain competitive in the market place.

The details of this bill will have enormous implications on New York State agriculture and the up-state economy. It will serve no one to complain later if we do not make every effort to meet the challenges of this bill head on.

Overtime?

I think it is time we take a look at OVERTIME. We hear so much about what a great opportunity it can be for employees. Likewise, we hear almost every employer held in fear of what it will do to their profitability. So, as in most things, the truth lies somewhere in the middle.

In modern times, overtime became a tool during FDR. The nation was struggling to survive in a world depression. The bread lines were enormous. People were desperate to find any work. No one was demanding to receive overtime. So why would FDR impose overtime on employers who were struggling to survive. The President saw that he needed to somehow get more people to have a job. He felt that if he imposed time and half after 40 hours he would encourage employers to look to employ new faces to fill those hours at the initial pay rate. In short, he was not trying to giv

Paul Baker,
Executive Director
NYSHS

e employees a benefit for working longer. Rather he was trying to get new faces off the breadlines.

Today most all hourly workers have overtime in their portfolio. My question is, what does it really do for them but limit their ability to earn beyond 40 hours? I realize I grew up on a farm. We did not ever discuss our hours or overtime. I also recall being the sole provider for my young family. I was very grateful that I was not limited to 40 hours. It would have dramatically reduced my income potential. So my question for legislators that are concerned about helping the life of hourly employees, is overtime hurting or helping? Thinking outside of the box I could argue that legislators could make the case that they should increase the overtime cap from 40 to 50. This would make it much easier for those workers to support their families if they could simply remain on their primary job longer. To find a second job is very difficult and almost always for a lower hourly wage. I know this is not a current idea but I challenge people to find the flaw in what I am asking.

Agriculture is different. This is a subject that I feel needs to be discussed but on a national stage. My challenge is that before we attack the system in agriculture we take a long creative look at how we might make New York a much better place to work and raise a family. This move alone would encourage new growth in business and attract business to New York State. That would really be a refreshing change.