In yet another contrast between New York and Pennsylvania a proposal in the state House of Representatives would expand the number of hours farmworkers can work each week.

Rep. Barry Jowziak, R-Reading, is circulating a co-sponsorship memorandum for legislation he is drafting to increase the number of hours farm workers can work from 48 hours a week and 10 hours a day to 60 hours a week and 12 hours a day.

“Many seasonal farm workers come to the United States legally on H2A visas intending to work and earn as much money as possible during the busy seasons on our food producing farms such as vegetable growers, fruit orchards, Christmas tree growers, pumpkin growers and dairy products,” Jowziak wrote in his legislative justification. “In other Pennsylvania labor laws, we do not restrict the number of hours that an adult employee can work or be asked to work, sot his legislation will retain a greater level of protection than is afforded to other types of workers in this respect.”

Legislative language is still being drafted, but Jowziak said his proposal will not change existing laws requiring a break of at least 30 minutes for every five continuous work hours, which he said is also not required for other adult workers.

Jowziak’s legislation likely faces an uphill battle being approved in the state House of Representatives. Democratic Party Reps. Danilo Burgos, Manuel Guzman Jr., Joseph Hohenstein and Dan Miller have proposed legislation that would give farmworkers overtime and give farmworkers the right to unionize. Their December proposal has yet to be placed on a legislative calendar.

“Agricultural workers have historically been discriminated against in unemployment insurance compensation coverage, yet they and their families face the same struggles when out of work,” Burgos and Guzman wrote in their legislative justification. “This legislation would treat persons employed in agricultural labor as entitled to coverage for unemployment insurance compensation on the same terms as all other workers.”

New York officials recently gave final approval for a measure that will lower the hourly threshold for when farm workers qualify for overtime pay. Under the adopted measure, the overtime pay threshold will gradually be reduced to 40 hours by 2032. Starting on Jan. 1, 2024, farm workers will be eligible for overtime pay after 56 hours worked per week. Right now, farm workers in the state qualify for overtime pay after working more than 60 hours per week.

State Sen. George Borrello, a Republican representing neighboring Chautauqua County in New York state, and New York Assemblyman Andrew Goodell, R-Jamestown, argued against overtime for farmworkers, with their arguments including testimony from farmworkers who said they will work elsewhere if their hours are cut to comply with overtime regulations.

“Data from a Cornell University study shows the potentially devastating side effect of this law. The study concludes that 70% of New York farm labor guest workers would not return to New York, should the threshold be lowered, and would seek work in other states. In the state-conducted hearings on lowering of the threshold, overwhelmingly, the workers that testified were against lowering the threshold,” Borrello and Goodell wrote in a legislative memorandum supporting a 2022 proposal to eliminate New York’s Farm Labor Wage Board.