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New Overtime Provisions for New York Agricultural Workers Take Effect Soon 

On September 30, 2022, the state labor commissioner announced that the overtime threshold for agricultural workers will be lowered from the current threshold, which is 60 hours until it reaches 40 hours in the year 2032. Effective January 1, 2024, non-exempt farm workers must be paid one and one-half times their regular rate of pay for each overtime hour over 56 hours in one workweek. 

Next Steps 

Agricultural employers should begin reviewing their overtime pay practices and update their payroll practices to comply with the new rule. To ease some of the financial impact of the rule, employers may follow the gradual approach required under the law by decreasing the threshold every two years until 40 hours is reached in 2032. Employers may also internally decide to accelerate the timeline for the decrease or decrease the threshold to 40 hours as soon as feasible. These more generous approaches may result in a positive employee experience and minimize the administrative burden of monitoring the gradual decreases over the next nine years. 

Additional details on the graduated reduction schedule are available in this prior post from HR Works. 

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.