The New York State Constitution unequivocally states that all employees shall have the right to organize and bargain. However, New York's farmworkers, which support the $4.5 billion agricultural industry, are excluded from these protections as a result of a loophole in the New York State Labor Relations Act. This translates to approximately 100,000 hardworking New Yorkers who are forced to live and work in deplorable conditions without the basic protections that are afforded to all New Yorkers under this law.
"It is reprehensible that in a state that has long been a leader in instituting civil rights and equality for all that we continue to deny farmworkers basic labor protections," said Silver. "Through the approval of the Farmworkers Fair Labor Practices Act, the Assembly Majority is taking a bold step in the right direction and removing legal exclusions that perpetuate the unfair treatment of farmworkers."
Silver, with farmworker advocates at his side, including representatives of the AFL-CIO, New York State Catholic Conference and the NYCLU, urged the governor and Senate to pass the Assembly bill to put an end to the injustice against farm workers once and for all.
- Affirm that eight hours constitutes a legal day's work;
- Require farmworkers to be paid for overtime after more than an eight hour work day or in excess of 40 hours per week, at the rate of time and a half;
- Grant farm laborers access to unemployment benefits, workers' compensation and disability benefits;
- Eliminate the authorization for certain farmworkers to be paid less than the minimum wage;
- Expand the sanitary code to cover all farms and food processing labor camps intended to house migrant workers;
- Require foremen receiving notice of an injury to a worker suffered in the course of farm employment to inform the employer; and
- Make it unlawful to discharge an employee for requesting a claim form regarding injuries incurred in the course of employment.
Among the voices that accompanied Speaker Silver in calling for the state to stop denying farmworkers basic labor protections, were (from left) Kerry Kennedy, president, Robert F. Kennedy Center for Justice & Human Rights; Dolores Huerta, co-founder, United Farm Workers of America; and Librada Paz, a former farmworker from Western New York.
Kerry Kennedy, president, Robert F. Kennedy Center for Justice & Human Rights, said, "My father, Robert Kennedy, cared deeply for the people who grow and harvest our food. But more than four decades since he and Cesar Chavez broke bread together, the basic civil rights they fought for remain a dream deferred for millions of farmworkers in America. Our state legislators came to Albany to be leaders, to help build a brighter future for our state. This is the time to lead: to finally allow farm workers to enjoy the same basic rights as the rest of us."
Mario Cilento, president, NYS AFL-CIO, said, "The fact that in 2013 farmworkers aren't treated like every other class of worker in our state is simply shameful and should be a cause of embarrassment for all New Yorkers. Farmworkers are quite literally responsible for feeding our families, and as such we all have a duty to join their fight for the basic rights that the rest of us enjoy. We thank Speaker Silver, Assemblymembers Nolan and Heastie, and their Assembly Majority colleagues for their leadership and unwavering commitment to farmworker justice."
Andrew Pallotta, executive vice president, NYSUT, said, "Farmworkers are the backbone to the state's nearly $5 billion agriculture industry, and like any worker in the Empire State, they deserve real labor and health protections. This is not only a legal issue, but a moral and human rights issue that will ensure dignity and safety for these important laborers."
Silver and the Assembly's Farmworkers Fair Labor Practices Act also received the support of Jack Banning, the owner of the Black Sheep Hill Farm in Dutchess County. Banning said he didn't know any fellow small farmers who oppose the bill, which provides farmworkers with the same protections that are currently available to other workers in the state.
Earl Eichelberger, director, Catholic Charities, NYS Catholic Conference, said, "The exclusions that deny farmworkers basic labor protections have an ignoble history. We have a responsibility to address this injustice. I have been involved in this struggle for over a decade and others from the Catholic Church, including Bishop Howard Hubbard, have been for much longer than that leading the call for change. I am proud to stand with my colleagues to press for passage of the Fair Labor Practices Act. It is long overdue. The time is now."
Milan Bhatt, co-executive director, Worker Justice Center of New York, said, "For decades, farmworkers have comprised the backbone of New York State's economy, yet continue to face among the most grueling work conditions and egregious workplace violations of workers in any industry. This legislation seeks to put an end, once and for all, to the dehumanizing exclusions from basic labor protections instituted over 70 years ago, a remnant of this nation's slavery era. The fact that New York allowed this tradition of oppression to persist in bodies of law intended to maintain dignity and respect in our workforce is nothing short of a disgrace. We can wait no longer for the passage of the Farmworker Fair Labor Practices Act."