(Long Island, NY) Earlier today the New York City Council adopted Resolution 692, to extend labor protections to farm workers. The resolution urges the State Legislature to pass and the Governor to sign bill A. 4762 / S. 1291 (Nolan / Espaillat), the Farmworkers Fair Labor Practices Act. This state legislation would grant collective bargaining rights to farm laborers, require they are provided at least 24 hours of consecutive rest each week, and also extend overtime provisions to this industry. The legislation also contains provisions to include farm workers in a variety of unemployment and sanitary laws.
The resolution, authored by Council Member I. Daneek Miller, passed through the Civil Service and Labor Committee yesterday, in a 5 – 0 vote.
Farming is a multi-billion dollar industry in New York State, vital to the lives of both its producers and consumers. According to a 2012 State Comptroller report, there are over 36,000 farms spread throughout New York’s 62 counties which produce over $4.7 billion in products, including a great variety of dairy and fruit items.
Despite the stability of New York’s agricultural industry, farm workers are living below the poverty line, unable to meet the basic costs of living and are not covered by labor protections enjoyed by most other workers in this country.
Coming out of the prejudices of Jim Crow era, while President Franklin Roosevelt’s New Deal sought to expand government protections, agricultural workers were excluded from the 1933 National Industry Recovery Act and 1936 National Labor Relations Act, which established collective bargaining protections. In addition, the 1938 Fair Labor Standards Act failed to grant farm workers the same minimum wage and overtime provisions extended to others. It would not be until the 1960s that this industry finally gained access to minimum wage laws.
Today, farm workers are routinely exposed to hazards including vehicle rollovers, heat exposure, falls, musculoskeletal injuries, hazardous equipment, unsanitary conditions, and exposure to pesticides and other chemicals. Moreover, farm workers and advocates have noted that minimum wage violations, verbal abuse, long hours, unsafe working conditions and even physical attacks on workers are commonplace in the industry.
Elected officials and advocates expressed strong support for passage of the City Council resolution, which comes just days before the State Legislature is expected to close its session on June 17th.
“It is embarrassing that a progressive and pro-union state such as New York could preclude an entire industry from what should be basic working rights. The enactment of such a law is long overdue and that is what passage of this resolution represents today,” said Council Member I. Daneek Miller (D – Queens). “The state bill will extend essential labor protections to workers and I thank Senator Espaillat and Assemblywoman Nolan for their continued leadership on this issue.”
“Farmworkers labor under harsh conditions for hours to feed all of us, yet they lack basic protections and rights afforded to just about every single employee in our state. The treatment of farmworkers is abhorrent and unacceptable. The Farmworker’s Bill of Rights would end the shameful practices that are a moral affront to everything our state stands for,” said State Senator Adriano Espaillat (D-Manhattan/Bronx) Sponsor of the Farmworkers Bill of Rights.
“I believe this bill is more than reasonable and will correct many of these exclusions by granting the same rights to farmworkers that every other worker already has currently under the law” said Assemblywoman Catherine Nolan (D – Queens). “I would like to thank the New York City Council including both Councilman and Chair of the Civil Service & Labor Committee Daneek Miller and NYC Council Speaker Melissa Mark-Viverito for passing this resolution and joining us in this fight to secure the most fundamental human rights for the most forgotten workers in history – farmworkers”.
“Farm workers deserve the same protections as any other hard working individual,” said Council Member Daniel Dromm (D – Queens). “I stand with my City Council colleagues to urge the state to pass legislation requiring overtime compensation and at least 24 hours of consecutive rest.”
“We’ve sowed the seeds of progress. With the passing of this resolution, we’ve truly taken the first step towards protecting our hard-working farm employees,” said Council Member Mathieu Eugene (D – Brooklyn). “All employees deserve fair wages and equal protection from harsh conditions. I commend Council Member I. Daneek Miller for introducing this much-needed resolution and I’m looking forward to seeing the fruits of this labor initiative.”
“It is unacceptance for New York, as a leading progressive state, to tolerate the lack of dignity and respect given to our farmers. We must not stand by while our farmers are denied their basic human rights,” said Council Member Ydanis Rodriguez (D – Manhattan). “Our farmers, mainly Latinos and Hispanics, work up to 70 hours a week, 7 days a week, and at times for less than $6.76 an hour. As New Yorkers, we must come together to ensure our farmers receive a livable wages, reasonable work hours, and habitable housing. It is the least we can do for the hardest working Americans in our society.”
“New York State is a national agricultural leader with a multi-billion dollar industry. But we are far from a leader when it comes to protecting basic rights,” said Guisela Marroquin of the New York Civil Liberties Union. “New York farm laborers are denied the basic rights of fair pay, humane conditions and the right to organize—protections that all other workers in the state enjoy. The NYCLU supports the City Council’s call to action that lawmakers in Albany and Governor Cuomo stand up for farmworkers’ rights and put an end to working conditions that create fatalities, injuries and abuse.”
“The resolution by the New York City Council is an affirmation of the State’s farmworkers’ quest for equality, and an acknowledgement of the relationship between the residents of New York City and the men, women and children who labor to nourish the City,” said the Rev. Richard Witt, Executive Director, Rural & Migrant Ministry.
