Key Findings

Respondent Demographics:

Percentages of ten or more are rounded to the nearest whole number; as a result, for some responses, the sum of percentages may not equal 100.

• 63% of respondents are from Long Island and 37% are from Upstate.
• The vast majority of respondents (91%) hail from two regions—Long Island (63%) and the Finger Lakes (28%).
• Men are 55% of respondents and women are 45%.
• The main sectors represented in this data are nurseries (21%), greenhouses (21%), vineyards (20%), fruit and vegetable farms (17%), and dairies (16%).

Lost-Worktime Injuries:

These data do not cover all workplace injuries, only those that resulted in lost worktime.

• 19% of respondents reported having a workplace injury that resulted in lost worktime.
• 33% of those with a lost-worktime injury are employed in dairy and 24% work on fruit and vegetable farms.
• The percent of Upstate respondents (29%) who reported a lost-worktime injury is more than double the percent of Long Island respondents (13%) who reported a lost-worktime injury.

The data reveal that almost one-fifth of respondents reported losing worktime as a result of being injured. Upstate dairy respondents reported the highest rate of lost-worktime injuries. Note that research reveals that many farmworkers continue to work even when they are experiencing pain due to a workplace injury.³

Payment for Lost-Worktime Injuries:

Farm injuries are a significant problem. Compared to other workers, farmworkers have fewer safety protections, reduced access to medical care, and “noteworthy physical and mental health hazards.”⁴ Research estimates that the federal statistics on work-related nonfatal injuries in agriculture were undercounted by 77.6%.⁵

• 49% of those who reported having a lost-worktime injury said they did not receive payment of any kind for the lost worktime or medical bills.⁴
• 44% reported receiving some type of payment for lost worktime or medical bills.⁵

Of all the findings in this report, the lack of payment for lost-worktime injuries is the most significant, and could potentially have a long-term effect on workers’ health. The FLPA requires that all agricultural employers provide workers’ compensation and disability insurance for their employees. Farmworkers are also eligible for paid sick leave under the New York State Sick Leave Law.

It is clear that workers are not pursuing workers’ compensation claims, nor paid sick leave under the New York State Sick Leave law. This is likely due to lack of knowledge, language barriers, fear, or because some employers take workers to the doctor themselves and pay out of pocket. Workers may not realize that without a workers’ compensation claim, they will likely have to pay for long-term injuries themselves or just suffer without further treatment.

Worker Quotes

The injury stories in this report detail workers’ pain, frustration over lost wages, how medical bills were paid (by respondents themselves or employers, generally not by workers’ compensation), and feelings that their employers do not care about them. Additional quotes relate to workers’ thoughts on pay, overtime, days off, union organizing, and other workplace conditions.

Hours Worked:

• 56% of respondents reported working 60 or fewer hours a week.
• 44% reported working more than 60 hours a week.

Overtime Pay:

The FLPA instituted the first-ever overtime threshold for New York farmworkers at 60 hours. In 2024, as the overtime threshold decreases, workers’ income can increase without added cost to employers, who are eligible for a refundable tax credit of 118% of the overtime premium.⁶ This means farm employers will pay the same as if the overtime threshold was at 60 hours.

• 72% of respondents who log more than 60 hours a week reported receiving the legally required overtime rate of time-and-a-half after 60 hours.
• 25% of respondents who log more than 60 hours a week reported not receiving the overtime rate of timeand- a-half after 60 hours (wage theft).⁶

The data expose wage theft—one in four respondents who work more than 60 hours a week said their employer violated their right to overtime pay.

Method of Wage Payment:

In 2022 there were different minimum wage rates for Long Island ($15.00) and Upstate New York ($13.20); this accounts for the increased wages on Long Island.

• 95% of respondents receive either a hard-copy check or direct deposit for their wages.
• 5% are paid in cash.
• Less than one percent is paid both in check and cash.

Hourly Wage:

• 96% of respondents are paid at least the minimum wage.
• 4% are paid below the minimum wage (wage theft).
  • Those who are paid below the minimum wage (19 respondents) also reported a higher rate of overtime pay wage theft and a higher rate of injuries that resulted in lost worktime.
  • 32% of those not receiving the minimum wage work in dairy.
• Statewide: the 2022 average hourly wage is $15.55.
• Long Island: the 2022 average hourly wage is $16.19, $1.19 more than the minimum wage
• Upstate: the 2022 average hourly wage is $14.40, $1.20 more than the minimum wage.

The data show that the vast majority of respondents are paid the minimum wage or higher. While the number of respondents receiving less than the minimum wage (wage theft) is small, the data suggest that employers who do not pay the minimum wage also tend to violate other worker protections and oversee workplaces that are more dangerous.