A wage board that could change overtime rules for farmers will hold a public hearing in Batavia in April.

Roberta Reardon, state labor commissioner, recently announced the members of the wage board: David Fisher, state Farm Bureau president; Denis Hughes, former New York State AFL-CIO president; and Brenda McDuffie, president of the Buffalo Urban League. Under the Farm Laborers Fair Labor Practices Act, which Gov. Andrew M. Cuomo signed into law last year, farm laborers are entitled to overtime premium pay starting Jan. 1, 2020, for any work that they perform in excess of 60 hours per week, and for work performed on their designated day of rest.

The law implemented the wage board to consider and make recommendations as to overtime work and, specifically, to hear testimony about reducing the threshold for overtime below 60 hours per week and whether to do so in phases.

“We worked hard to ensure this bill included the proper labor protections and benefits that our farm laborers are entitled to,” Reardon said.

“We have an opportunity to improve the quality of life for tens of thousands of farmworkers. Overtime is a key component and we need to get it right.”

Steve Ammerman, New York Farm Bureau public affairs manager, said in a news release that Farm Bureau officials appreciate the Labor Department holding more than the required number of public hearings, but take issue with the fact that most farmers won’t have much information or statistics to provide regarding the need for overtime.

“It will be incredibly difficult for board members to reasonably determine if the overtime threshold should be justifiably lowered,” Ammerman said. “Farmers have just started to implement changes on their farms to comply with the new law and are still determining what is best for their small businesses and employees. Further, crops are not even in the ground for the spring planting season, let alone having no real-world examples of how this new law will impact harvest season. This short window of time also does not allow any ability to see how different growing conditions due to extreme weather can impact overtime needs.”

Ammerman said it will likely take multiple growing seasons to know if the overtime threshold should be lowered. Assemblyman Andrew Goodell, R-Jamestown, said on the Assembly floor last year that he was concerned with the composition of the wage board and the fact that it can only lower the overtime threshold rather than increase it as well.

“They’re really concerned about the 60 hour wage cap before it kicks into overtime,” Goodell said. “What we do is say you get 60 hours before overtime is triggered but only until the wage board makes up its mind whether that number should be reduced because it makes clear that the wage board cannot increase that threshold, only reduce it. … The Labor Department is headed by a former union organizer. To tell farmers this will be even and fair and unbiased is just baloney. Nationally, less than 1% of farmworkers are unionized. If less than 1% of farmworkers are unionized, why pretend this is a fair and equal wage board when we give them two thirds of the vote? Because this is not set up in a fair and balanced way, I will be voting no.”

The board has until Dec. 31 to make its recommendations, after which the commissioner will have 45 days to take administrative action on those recommendations.

Public hearings are scheduled as follows:

¯ 11 a.m. Friday, Feb. 28, at the New York State Museum Cultural Education Center, Clark Auditorium, 222 Madison Ave., Albany;

¯ 11 a.m. Friday , March 13, at Onondaga Community College’s Storer Auditorium, 4585 W. Seneca Turnpike, Syracuse;

¯ 11 a.m. Monday, March 23, at Binghamton University’s Symposium Hall, Center of Excellence Building Innovative Technology Complex, 45 Murray Hill Road, Vestal;

¯ 11 a.m. Thursday, April 16, at the Brookhaven Town Hall, 1 Independence Hill, Farmingville;

¯ 11 a.m. Thursday, April 23, at Geneseo Community College’s William Stuart Forum, 1 College Road, Batavia.

All attendees are encouraged to preregister. Those making public comment will be scheduled in the order of registration. Individuals can register at www.labor.ny.gov/farmwageboard.