Democratic state lawmakers who initially supported reducing the overtime threshold for farm workers to 40 hours are suggesting ways to ease the burden of the coming change on small farmers.

They joined a handful of other upstate Democrats on Tuesday to highlight their concerns about state Labor Department Commissioner Roberta Reardon’s decision Friday to phase in the overtime changes over the next decade and put farm workers on par with other U.S. labor industries. 

“Things have changed in our economy since that bill was passed,” said Assemblywoman Carrie Woerner, a Democrat from Round Lake. "Inflation is rampant, costs are up for everybody — and no place moreso than on farms.”

The decision wasn’t a surprise as Gov. Kathy Hochul told farm advocates months ago of the plan to phase in the new overtime threshold every two years starting Jan. 1, 2024, through 2032.

But more upstate Democrats are coming out against the timeline, saying it will bankrupt small family farms, especially with recent financial hardships.

A few lawmakers like Woerner, Assemblyman Billy Jones, of Plattsburgh; and Assemblywoman Marianne Buttenschon broke from the Democratic majority early on and were vocally against changes. Others are having a change of heart.

Assemblywoman Pat Fahy, a Democrat from Albany, initially supported the overtime reduction but agrees the change will devastate small farms in the current climate.

She noted the state lost about 4,800 farms between 1997 and 2017.

"I understand the Department of Labor has already spoken," Fahy said. "I understand that a lot of work has gone into this, but I still want to advocate that we make some exception here for small farmers before we lose thousands more."

More of their colleagues joined them Tuesday, pleading for small farms to be exempt or suspended from the reduction. Others suggested voting to legislate a delay for farms with fewer than 1,000 livestock or acres of crops.

Republican Assemblyman Chris Tague, a former dairy farmer and member of the Agriculture Committee, has been leading the fight against reducing the overtime threshold for years. 

Coming forward now, he says, seems politically motivated.

"It must be they don't have much favor with regards to the governor because had they, they should have been talking to the governor and the labor commissioner for the last year, telling them this is a bad idea," said Tague, a Republican from Schoharie. "Why wait until it's done?"

The lower overtime threshold will be subsidized by several tax credits from New York state, including a new refundable overtime tax credit that was established for overtime hours paid by farm employers up to 60 hours. But farmers say they can't afford to wait for the reimbursement.

Others say the tax credits could be removed during future budget negotiations.

"I have to reconfirm the importance of a suspension at this point," said Buttenschon, a Democrat from Utica. "We have done everything possible to help our small businesses move forward out of the aftermath of the pandemic and this industry should not be left out."

But farm advocates say they welcome any lawmaker who could push Democrats in the majority to change the overtime reduction.

"If there are more Democrats who are willing to step forward on this issue and say we need to come up with a fix to help our farmers and our farm workers and our food system, the more the better because there's a stronger likelihood that we could see some action within the Majority House conferences," Steve Ammerman, spokesman with the New York Farm Bureau, said Tuesday.

The state Labor Department guidelines with specifics to implement the reduction will be published later this month, which will kick off a 60-day comment period, according to the governor's office.

"We thank Commissioner Reardon and the Farm Laborers Wage Board for diligently compiling and reviewing these recommendations and encourage New Yorkers to provide their feedback on the regulations when the public comment period opens later this month," Justin Henry, Hochul's deputy communications director, said in a statement Tuesday.

The Department of Labor will review all public comments before the guidance takes effect.

The proposed shift to 40 hours is the most gradual phase in of any state, dropping just four hours every two years, to allow ample time for adjustment and is combined with an incredibly generous tax credit that more than covers the additional labor costs.

Jessica Maxwell, executive director of the Workers Center of CNY, stressed the shift to 40 hours is the most gradual phase in of any other U.S. state that's made the change to allow time for farmers to adjust or get relief from the state.

“The issue of overtime pay for farmworkers is one of basic equality and respect for workers in one of the most dangerous industries in our country based on worker fatality and injury statistics," Maxwell said. "Despite dire predictions by the industry when the 60-hour threshold went into effect in 2020, we have not seen a major negative impact either for workers or for farms."