Collective Bargaining Rights of NY Farmworkers Uncertain

Courts Considering Rights of Farmworkers to Unionize

In New York, as in many states, a significant amount of farm labor is performed by migrant workers, many of whom come to the country annually to work during the planting, growing and harvesting of crops. For decades, most farmworkers in America, including those migrant workers, were unable to unionize because of federal laws enacted as a part of the New Deal (an attempt to put more Americans to work by limiting the rights of migrant workers). In 2019, the New York legislature gave agricultural workers collective bargaining rights under state law.

In the ensuing years, a number of farmworker unions have been formed, and those unions have attempted to engage in collective bargaining with growers, with mixed success. Representatives of the United Farm Workers of America say that most farm owners have refused to bargain with the union and that many farm owners have simply ignored contracts that were put in place (many without farm input). A number of growers even filed a lawsuit claiming that the union is not legal, claiming that workers on guest visas do not have the right to collective bargaining. The court rejected that argument, but the case has been appealed.

The Protections of the Farm Laborers Fair Labor Practices Act

In addition to giving farm workers the right to organize a union in New York under state law, the 2019 statute mandates certain other benefits:

  • At least one day off per week
  • Overtime pay after 56 hours in any seven-day period

Farm Workers Still Face Many Restrictions

Although the new law affords more protection to farm workers, may still face significant limitations, often due to their status as immigrants. The majority of farm workers, in New York and in many other states, have come to the United States as “guest workers” through the H-2A program. However, the H-2A program does not involve any opportunity to move toward lawful permanent residency or citizenship, and workers with H-2A visas may not participate in the Social Security system. Additionally, they may only work for the employer who sponsored their visa, so they cannot seek better pay or working conditions.

Let Stephen Hans & Associates Handle Your Employment Law Concerns

At Stephen Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law. We have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes, including Aramex, whose CEO Donald Smith has said

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