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Migrant Labor in NY

In New York State farmworkers are excluded from many of the labor law protecting workers in business and industry. Most importantly, they are denied the right to collective bargaining. This means that if five workers get together, go to their boss and ask for $.25 raise, they can be both denied the raise and fired on the spot, no questions asked. Agricultural workers in NY also have no right to overtime pay, no right to a day of rest, and no required disability insurance. Child labor restrictions are more relaxed than in any other productive sector, and due to the transient nature of farm work, many children of farmworkers never complete high school. Agricultural work is the second most dangerous occupation in the country, next to mining. Yet, in NY, state occupational health and safety laws do not generally cover farm work sites and there are no requirements for dealing with exposure to extreme heat. Furthermore, safety training is not required-except with pesticides, for which the exposure to workers is not even monitored. Even though many farmworkers in the state must rely on their employers for housing, health code inspections are only conducted at camps with five or more workers and, even so, violations without fines are a common occurrence.

Farmworkers are all around us in the Hudson Valley, working in agriculture and raising everything from onions, apples, and corn, to foie gras. It is certainly true that many farmers, especially involved in small, family-run operations, treat their workers with respect and dignity. However, this fact does not rectify the lack of legal protection for farmworkers against those who would take advantage of their economic, social, and legal vulnerabilities.

On May 2, 2001 the State Assembly passed Bill A7207 that would remove farmworker exclusions from New York's labor laws. This bill would vastly improve living and working conditions for farmworkers. The final vote was 124 in favor, and 23 against. Over half of the Assembly Republican minority voted for the bill. The Republican controlled State Senate, however, has failed to pass legislation to remove farmworker exclusions. Our campaign for farmworker rights now must focus its attention on garning support among Republican state sentators and their constituencies for a bill to emiminate farmworker exclusions.

For more information on the NY State Justice for Farmworkers campaign, visit the following links:

Rural and Migrant Ministry, Poughkeepsie

http://www.ruralmigrantministry.org/links.html

Farmworker Legal Services of NY

http://www.flsny.org/

Bard College Migrant Labor Project

http://www.bard.edu/hrp/mlp/mlp-home.html