The new Farm Workers Bill sounds like a fair, socially acceptable right for workers. The problem is that it may put many smaller farms out of business, according to Williamson fruit farmer Gary Orbaker. He added that it will cut profits to family farms already struggling to survive.

Governor Andrew M. Cuomo signed the Farm Workers Bill on Wednesday (7/17), which establishes the Farm Laborers Fair Labor Practices Act to protect farm worker rights and ensure equitable housing and working conditions. The bill grants farm workers overtime pay, a day of rest each week, disability and Paid Family Leave coverage, unemployment benefits and other labor protections. The bill will take effect on January 1, 2020.

“This new law is not just a great achievement in terms of the effect on the human condition, it’s also a milestone in the crusade for social justice,” Governor Cuomo said. “By signing this bill into law, 100,000 farmers and their families will have better lives and will finally have the same protections that other workers have enjoyed for over 80 years. This powerful and practical achievement is even more significant in the era of President Trump who continually diminishes workers’ rights, attacks labor unions, disrespects the disenfranchised and has made divide and conquer, rather than unify and grow, the credo of America.”

Mario Cilento, President of the New York State AFL-CIO stated: “After a decades-long fight, the lives of tens of thousands of hardworking men and women who perform demanding and dangerous work on farms all across this state will improve with the Governor’s signature. Farmworkers are finally getting basic labor rights including the right to organize a union, a mandatory day of rest, and the right to overtime pay.”

Wayne County is the center for the State’s fruit industry and area farmers seem doom and gloom from the law, pushed through by the Democrat controlled senate and assembly.

Orbaker is one of the outspoken and largest fruit producers in the area.  Employing 4-5 full time people year-round, with 10 hands leading up to harvest and 45 employees at the peak of the apple, peach and cherry seasons, Gary admits he is no stranger to troublesome government regulations, one of the reasons he has become active in various organizations.

Of course, Orbaker also has to deal with the recent realities of climate change and weather, describing this spring as crazy, crazy, crazy.” With the new legislation, increasing costs for production, and a “buyers market”, he foresees many farmers calling it quits in the not so distant future.

So, why would workers’ rights fly in the face of reality? Orbaker went through the highlights of the new law, stating most of the regulations are already in place for larger operations. He said only small farms, with a single, or few employees will have a tough time under the new laws.

Gary added that “collective bargaining” is already a reality in competitive markets, where migrants travel to where they can make the most money for their output. 

Gary also cited that many migrant workers realize the short harvest season and already work at the maximum number of hours to earn the maximum amount of money in what the weather conditions allow. Put simply, the workers do not want 24 hours off, especially if bad weather hinders their work and ability to maximize their time. “They (the legislators) don’t take into account   three days of constant rain.”

Orbaker also pointed out that the seasonal workers already earn much more than minimum wage by working by the piece, or amount they pick.

Worker’s compensation, disability, sanitary codes and injury reports already exist, but Orbaker worries that surrounding states, without similar laws, will result in lower market pricing and  loss of workers for New York orchards and fields. 

130th District Assemblyman Brian Manktelow (R,C,I,Ref-Lyons), chimed in. “I am truly disappointed to see Gov. Cuomo sign the Farm Laborers Fair Labor Practices Act into law. While I understand the desire to help farmers and their employees, this is unfortunately not the best way to do so. Ultimately, I foresee this act hurting New York’s economy, farmers and their employees in a number of ways. It limits the amount of time an employee can work, meaning less money for them to take home to their families. And it means less work being done, so less product is put out meaning less money for farming families. It is devastating to see the governor make yet another decision which does more harm than good for the state of New York”.