Historic moment for farmworkers

It was an historic moment for farmworkers in New York State.

New York State lawmakers passed the Farmworkers Fair Practices Act late Wednesday, which for the first time grants farm workers overtime pay, a day of rest and a right to unionize with limitations.

Gov. Andrew Cuomo is expected to sign it into law. The Assembly passed the measure, 84-31, while the Senate went 40-22 on the last scheduled day of the legislative session.

The New York State Catholic Conference has advocated for more than two decades on this issue with Bishop Edward B. Scharfenberger and Bishop Emeritus Howard J. Hubbard, both of the Diocese of Albany, and Cardinal Timothy M. Dolan directly involved with the issue.

Bishop Scharfenberger was at the Capitol on Wednesday watching the Assembly debate from the balcony where he thanked Assembly Speaker Carl Heastie, who was also in the balcony, for his leadership on the issue.

“On behalf of Cardinal Dolan and my brother bishops, I want to commend Assembly Member (Catherine) Nolan and Senator (Jessica) Ramos for helping build consensus to get us get to this historic day,” Bishop Scharfenberger said. “This bill recognizes first and foremost the basic human dignity of farmworkers, while, at the same time, appreciating the unique nature of farming. The Catholic Conference is proud to have stood shoulder to shoulder with our state’s farmworkers in this effort, and we are thrilled to finally see the finish line of this long fight for justice.”

The bill is also endorsed by the Rural & Migrant Ministry and the Hispanic Federation. Big farms are opposed to the bill believing it would negatively impact their bottom line. State Senator Ramos and Assembly Member Nolan sponsored the respective bills. Nolan was Bishop Scharfenberger’s assembly member when he was pastor of St. Matthias parish in Ridgewood before becoming Bishop of Albany in 2014.

“The Bishops of New York State are grateful and relieved that after more than two decades of advocacy, the legislature has passed a version of the Farmworkers Fair Labor Practices Act. For too long, farmworkers have been treated unjustly under the labor laws which protect workers in every other area and industry,” said Richard E. Barnes, executive director of the New York State Catholic Conference.

“At long last, our state is saying farmworkers are equal in human dignity to the rest of society. The new legislation establishes worker protections, including collective bargaining rights and a 24-hour day of rest every calendar week. It makes the provision of unemployment insurance law applicable to farm laborers, and provides them with eligibility for workers compensation benefits, as well as applying the sanitary code to migrant housing. And while the bill contains some new overtime provisions, it also establishes a pathway to continued progress on this issue going forward."

"For the Bishops, this has always been a matter of justice. Farmworkers never sought special treatment; they only sought equal treatment. This legislation, while not perfect, makes remarkable progress and represents a consensus among the farmworkers and the farmers, on whom we all depend.”

The Catholic Conference represents the NYS Bishops in public policy matters. "My administration has proudly fought for working men and women across the board, from raising the minimum wage to strengthening worker protections in nail salons and the home healthcare industry. We believe all workers deserve to be treated with dignity and respect - period," Gov. Cuomo said.

"Over the weekend, I issued a reformed farmworkers bill of rights which guarantees farmworkers will finally be granted basic rights to protect them from abusive and exploitative working conditions.

"With the passage of this legislation, we will help ensure every farmworker receives the overtime pay and fair working conditions they deserve. The constitutional principles of equality, fairness and due process should apply to all of us. I am proud that, with the help of my daughters' years-long advocacy on this critical issue, we got it done."

The legislation saw some late-minute changes and it’s passage was delayed due to extended Assembly debate, but it will:

• Require farms to pay laborers overtime after 60 hours worked in a week; that was changed from 40 hours. • Allow farm workers the right to unionize, but that comes with a no-strike clause.

• Allow every person employed as a farm laborer at least 24 consecutive hours off a week. If weather or crop conditions do not allow an employee to work, that would meet the provision. Farm workers can refuse the day off, but must be paid overtime. The family members of the farm’s owner would be exempt from the one-day off provision.

• Allow workers to be eligible for unemployment insurance and compensation benefits.

Farmworkers have long been excluded from workplace rights afforded by the Fair Labor Standards Act (1938) and the National Labor Relations Act (1935). In December of 1999, legislation was enacted eliminating farmworkers’ exemption from the minimum wage laws.