On February 22, 2023, the New York State Department of Labor finalized the new farm worker overtime regulations to decrease the overtime threshold limit for farm workers.  

Currently, farm workers receive overtime pay after 60 hours of work. The new regulation will decrease that number to 56 hours starting on January 1, 2024, and will continue to decrease by four hours every other year over a ten-year period until reaching a 40-hour overtime threshold limit in 2032.

The regulation comes from  recommendations made by the Farm Laborers Wage Board in 2022.

The Governor and the New York State Legislature recently increased the Investment Tax Credit to 20 percent, up from 4 percent, for farm businesses, doubled the Farm Workforce Retention Credit to $1,200 per employee, and created the Farm Worker Overtime Tax Credit, a refundable tax credit for overtime hours paid by farm employers at the level established by the new regulation up to 60 hours. The New York State Fiscal Year 2024 Executive Budget also included converting the Investment Tax Credit to a refundable credit for five years.

Data table shows New York State decrease of the overtime threshold limit for farm workers. Courtesy of Bousquet Holstein Agriculture Attorneys.

Erika H. Hooker, Esq.

Erika is an attorney in Bousquet Holstein’s Trusts and Estates and Agriculture Practice Groups. Erika’s unique understanding of the agriculture industry allows her to work through complex legal issues and be a trustworthy advocate for clients.

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ehooker@bhlawpllc.com | 315-701-6425