Justice for Farmworkers—Position Paper 2003

Farmworker Fair Labor Practices Act [S3351 and A2859]

Action needed:
A change in the New York State labor laws that categorically exclude farmworkers from basic worker rights and protections.

• Require employers of farm laborers to allow at least 24 consecutive hours of rest each week (voluntary on the part of workers)
• Provide for an 8-hour workday for farm laborers, requiring an overtime rate at one-and -one-half times normal rate
• Grant collective bargaining rights to farm laborers
• Ensure that the sanitary code shall apply to all farm and food processing labor camps intended to house migrant workers, regardless of the number of occupants
• Require reporting of on-the-job injuries and that owners must provide farmworkers with claim forms for worker's compensation.

Background:
The Depression era led to the creation of many worker rights on the federal level. Due to the high overhead costs involved in agricultural technology and transportation, and the power of an emerging agribusiness lobby, farmworkers were excluded from landmark "New Deal" legislation. Most notable was the National Labor Relations Act of 1937, which addressed collective bargaining rights. Farmworkers were actually included in the original draft of this bill, written in 1935, but had been excluded by the final revision.

The federal exclusion of farmworkers from these labor laws left the burden of fair treatment on individual states. New York State has perpetuated the exclusion of farmworkers from labor rights by exempting "service on a farm" from the definition of what constitutes an "employee". The State Legislature has addressed some of these exclusions in recent years by granting farmworkers the same minimum wage standard and by providing drinking water and toilets in the fields. While these are important first steps, the overall exclusion remains and must be addressed in order for New York State to affirm that it is committed to the notion that all workers are entitled to dignity and respect.

Impact:
Farmworkers would be afforded the same dignity and respect as almost all other workers. The combination of benefits and protections would grant farmworkers greater financial security and stability, promoting the health and well-being of farmworking families and their children, allowing them to invest their energy in their futures. The resulting stability for farmworking families would in turn benefit the communities within which they live.

This legislation would also benefit small family farms. By "raising the bar" in agriculture, those farm owners committed to the fair and just treatment of workers would no longer have to compete with less principles owners whose labor costs are lower.

---

Summary of the Exclusion of Farmworkers from New York Labor Law

Collective Business/Industry: Workers protected when bargaining collectively
Bargaining Farmworkers: No protection when bargaining

Child Labor Business/Industry: Youth minimum age same as adult
Farmworkers: Separate, lower minimum age for youth

Child Labor Business/Industry: Restrictions of children's hours, ages & hazardous work
Restriction Farmworkers: Fewer restrictions on children's labor in all areas

Overtime Pay Business/Industry: Overtime pay
Farmworkers: No Overtime pay

Unemployment Business/Industry: $300 payroll threshold for employers
Insurance Farmworkers: $20,000 payroll threshold for employers

Disability Business/Industry: Disability insurance required
Insurance Farmworkers: Disability insurance not required

Day of Rest Business/Industry: Mandatory day of rest
Farmworkers: No day of rest

Sanitation Business/Industry: Toilet required even if just one employee
Farmworkers: Toilet required only if more than 5 workers

Health and Business/Industry: Work sites must be arranged and operated safely
Safety Farmworkers: Generally not covered by state occupational health and safety laws

Safety Training Business/Industry: Annual worker safety education required
Farmworkers: Safety education not required, except for pesticides

Heat Stress Business/Industry: Shortened work periods, areas for cooling down
Farmworkers: No requirements when exposed to extreme heat

Pesticides Business/Industry: Routine monitoring of worker's exposure
Farmworkers: No monitoring

Living Residential: Building and lodging codes
Farm Camps: New York Health codes permit latrines. Inspections are only conducted at camps with 5 or more
workers