New York farmers fear new overtime laws will impact business

(NewsNation) — Two new New York state laws that will likely change the future of agricultural production are causing concern for farmers.

One bill now requires farm employees to be paid overtime after 56 hours, with an overtime threshold that decreases annually by four hours until it reaches 40 hours a week in 2032.

The other bill, the Birds and Bees Protection Act, would restrict the use of neurotoxic neonicotinoid pesticides on corn, soybean and wheat seeds starting in 2027. It’s an effort by the state to eliminate neonics entering New York’s environment, which are linked to bee and bird losses that impact food production.

Jim Bittner, the owner of Bittner-Singer Orchards, said these new laws will create an unintended detriment for farm employees. The orchard was founded by his family in 1915.

For most, earning overtime wouldn’t seem like such a big issue. However, farms can’t afford the cost to cover the overtime hours.

Bittner explained employees, especially seasonal workers, want to work as many hours as possible. This is especially true for workers who are at work during the harvest season, a short period.

“They want as many hours as they possibly can to make as much money as they possibly can,” Bittner said. “It’s hurting them more than anybody else at this point.”

Cutting down the hours before overtime means fewer hours for seasonal workers because farms won’t be able to keep up with the overtime labor cost. Plus, while it’s not ideal for anyone, farms can always hire more workers to cover the time that isn’t being accounted for to avoid paying those overtime costs.

Bittner said that due to the new law, his orchard will have to chop down the cherry crops and apple trees. As a fruit farm, 50% of its total cost is labor.

“It’s the only way we can save on labor,” Bittner said.

Larger trees take longer to pick and require more labor. By cutting them out of the equation, the farm can keep up with labor demands. It’s an effort to improve labor efficiency, Bittner said.

As for eliminating harmful pesticides, Bittner said it only affects treated seeds, which aren’t used in the fruit industry.

However, Bittner believes this decision is a slippery slope, letting the legislature decide what is better for agriculture than the farmers and scientists regulating pesticides.

Right now, farmers are working on ways to apply for exemptions or workarounds. The good news for farmers, Bittner said, is that the legislation will take a couple of years to go into full effect.

“In the meantime, we will be able to make our case stronger. [Prove] that these things are necessary for modern agricultural production,” Bittner said.