1 [ THEME MUSIC ] >> ON THIS WEEK'S EDITION OF "NEW YORK NOW," GOVERNOR KATHY HOCHUL APOLOGIZES FOR FAMILIES OF NURSING HOME RESIDENTS.

WHILE HER ADMINISTRATION GETS A LEGAL SETBACK FOR ONE OF THE STATE'S VACCINE MANDATES.

MICHAEL GORMLEY FROM NEWSDAY AND ANNA GRONEWOLD FROM POLITICO JOIN ME ON THAT AND MORE.

THEN, NEW YORK'S FARMS ARE IN LIMBO AS THE STATE CONSIDERS A MAJOR CHANGE TO HOW FARM WORKERS ARE PAID.

IT'S A BALANCE OF THE ECONOMY AND EQUITY.

THAT STORY'S COMING UP.

LATER, LAWMAKERS WERE IN ALBANY THIS WEEK TO HEAR TESTIMONY ON ANOTHER CRIMINAL JUSTICE MEASURE.

DARRELL CAMP HAS DETAILS.

I'M DAN CLARK AND THIS IS "NEW YORK NOW."

[ THEME MUSIC ] >> WELCOME TO THIS WEEK'S EDITION OF "NEW YORK NOW."

I'M DAN CLARK.

AS OF THIS WEEK, MORE THAN 14,000 NURSING HOME RESIDENTS HAVE DIED FROM COVID-19 IN NEW YORK, AND WE ONLY KNOW THAT BECAUSE THE STATE WAS FORCE TO PUBLISH THE TRUE DEATH TOLL EARLIER THIS YEAR.

THAT WAS AFTER THE STATE A.G.'S OFFICE SAID THERE WERE MORE DEATHS THAN THE STATE WAS TELLING US.

THAT WAS UNDER FORMER 2 GOVERNOR ANDREW CUOMO WHOSE ADMINISTRATION CHOSE TO LEAVE OUT NURSING HOME RESIDENTS WHO DIED OUTSIDE THOSE FACILITIES, LIKE IN A HOSPITAL.

SINCE THEN, WE'VE LEARNED FROM THAT THOUSAND MORE NURSING HOME RESIDENTS DIED FROM THE VIRUS THAN WE KNEW.

CUOMO SAID HE LEFT OUT THOSE DEATHS BECAUSE THEY WERE ALREADY INCLUDED IF THE OVERALL NUMBER.

BUT FAMILIAR I WILLS OF NURSING HOME RESIDENT THE DIDN'T BUY IT AND A LOT OF THEM ARE STILL MAD ABOUT THAT AND OTHER DECISIONS MADE DURING THE PANDEMIC.

SOME HAVE SAID THOUSANDS OF DEATHS COULD HAVE BEEN PREVENTED IF THE STATE LISTENED TO THEIR CONCERNS FROM THE START AND FOR THE FIRST TIME THIS WEEK, THOSE FAMILIES GOT AN APOLOGY FROM THE STATE.

GOVERNOR KATHY HOCHUL SPOKE WITH A FEW OF THEM IN NEW YORK CITY IN A MEETING SHE SAID WAS LONG OVERDUE.

>> IT WAS VERY EMOTIONAL.

IT'S HARD TO DESCRIBE WHAT WENT ON.

THAT'S-- I WORK WITH ELECTED OFFICIALS.

THEY CAN DISAGREE WITH ME ONE DAY AND THE OTHER DAY THEY MIGHT AGREE WITH ME.

I JUST APPROACHED THIS WHOLE THING DIFFERENTLY, THAT PEOPLE DESERVE TO KNOW THAT THEIR GOVERNMENT LISTENS AND ACTUALLY CARES, GIVES A DAMN ABOUT THEM.

3 >> THAT APPEARS TO BE PART OF HER NEW STRATEGY, TRYING TO SHINE MORE LIGHT ON STATE GOVERNMENT.

BUT THE BIG QUESTION IS, WILL IT LAST?

LET'S TALK ABOUT THAT AND MORE WITH MICHAEL GORMLEY FROM NEWSDAY AND ANNA GROWN FROM POLITICO.

THANK YOU BOTH FOR BEING HERE.

>> THANKS, DAN.

IT'S A VERY GOOD POINT.

GOVERNOR HOCHUL HAS SAID THAT SHE WANTS TO MAKE TRANSPARENCY THE CORNERSTONE OF HER ADMINISTRATION, WHICH IS TERRIFIC, BUT AS YOU GUYS BOTH KNOW, POLITICIANS WHEN THEY FIRST GET INTO OFFICE ARE VERY TRANSPARENT BECAUSE USUALLY, THEY'RE REVEALING STUFF FROM THE PREVIOUS GUY.

[LAUGHTER] >> RIGHT.

>> WE'LL SEE WHAT HAPPENS AS WE GET INTO THE BUDGET.

I MEAN, I'M HOPEFUL.

IT'S GOOD FOR EVERYONE IF IT'S MORE TRANSPARENT AND SHE CERTAINLY MADE A COMMITMENT.

WE'LL JUST HAVE TO WATCH AND SEE HOW IT GOES.

>> YEAH.

WE CAN'T FORGET HOW ANDREW CUOMO WHEN HE CAME INTO OFFICE IN 2011 WAS LIKE FRAMING HIMSELF AS THE KING OF TRANSPARENCY.

4 THEN THEY HAD THE ETHICS DEAL THE SAME YEAR OR THE YEAR AFTER WHEN JCOPE WAS FORMED AND EVERYBODY WAS LIKE, OH, MY GOSH, JCOPE, SO GREAT.

[LAUGHTER] NOW HERE WE ARE TEN YEARS LATER AND EVERYBODY'S LIKE JCOPE IS STUCK TO THE BOTTOM OF MY SHOE.

[LAUGHTER] ANNA, WHAT DO YOU THINK ABOUT THIS TRANSPARENCY THING WITH THE GOVERNOR?

SHE'S BEEN IN OFFICE, WE'RE TALKING FRIDAY, SHE'S BEEN IN OFFICE 5 2 DAYS AS OF NOW.

>> I AGREE WITH MIKE.

IT'S A SMART POLITICAL MOVE TO SAY THIS IS GOING TO BE SO OPEN ESPECIALLY AFTER WHAT HAPPENED TO HER PREDECESSOR.

THAT WAS A HUGE CRITICISM.

I DON'T THINK THAT KATHY HOCHUL AND HER PEOPLE ARE NECESSARILY INTERESTED-- OR USED TO, ACCUSTOMED TO PEOPLE CRITICIZING THEM.

LIEUTENANT GOVERNOR'S JOB IS NOT TO TAKE ALL THE HITS, AND SO I THINK THAT AN INSTINCTUAL REACTION WOULD BE TO NOT NECESSARILY HIDE BUT TO HOLD OFF.

NOT TELL EVERYONE EVERYTHING RIGHT AWAY BECAUSE THAT'S A REALLY DIFFICULT THING TO DO JUST A COUPLE MONTHS INTO OFFICE.

>> YOU KNOW THERE IS A PART OF TRANSPARENCY THAT THE 5 PUBLIC DOESN'T QUITE KNOW TOO MUCH ABOUT.

IT'S THE FOIL PROCESS, FREEDOM OF INFORMATION LAW.

MIKE, I WANT TO POSE THIS QUESTION TO YOU BECAUSE YOU KNOW.

HOW HAS FOIL BEEN FOR THE STATE IN THE PAST TEN YEARS?

AS A REPORTER TRYING TO GET THESE REQUESTS, CAN YOU DESCRIBE WHAT IT'S BEEN LIKE?

>> WELL, IDEALLY UNDER THE FREEDOM OF INFORMATION LAW, YOU GET YOUR INFORMATION, YOU GET FIVE DAYS, YOU GET NOTIFIED.

YOU PUT IN A FORMAL REQUEST FOR PUBLIC INFORMATION, THINGS LIKE SALARIES, SPENDING, BASIC STUFF THAT THE PUBLIC SHOULD NEED TO KNOW.

YOU GET-- THEY HAVE FIVE DAYS TO TELL YOU IF THEY'RE GOING TO PROVIDE IT OR NOT AND MAYBE A MONTH IDEALLY THEY PROVIDE THE INFORMATION.

I JUST INTERESTING.

YESTERDAY, I GOT A NOTICE THAT A FOIL I PUT IN FOR IN DECEMBER OF LAST YEAR WILL NOW BE AT LEAST-- WILL TAKE AT LEAST UNTIL NOVEMBER.

SO THAT'S WHERE WE ARE AT THIS POINT.

AND OVER THE YEARS, IT'S GOTTEN WORSE.

THAT'S ACTUALLY PART OF THE SITUATION.

IT'S A TREND IN POLITICS NOW WHERE TRANSPARENCY IS-- YOU GET A LOT OF LIP SERVICE TO TRANSPARENCY, BUT GOVERNMENTS ARE BECOMING MORE TIGHTLY RUN NOW BECAUSE THEY'RE ALWAYS RUNNING FOR 6 RE-ELECTION OR ELECTION.

SO THERE'S A MUCH MORE TIGHTER CONTROL ON INFORMATION, AND YOU SAW THIS WITH THE TRUMP ADMINISTRATION IN WASHINGTON.

YOU SAW IT WITH THE CUOMO ADMINISTRATION IN ALBANY.

THERE'S A REAL TREND THERE.

>> YOU KNOW, I FOILED IN SEPTEMBER, EARLY SEPTEMBER, AND I FOILED FOR-- I WON'T TELL YOU WHAT IT IS, BUT I FOILED FOR JUST A SET OF EMAILS, VERY, VERY SIMPLE.

AND IT'S BEEN NOW ALMOST TWO MONTHS.

I HAVE TO WONDER, MAYBE THEY JUST HAVEN'T GOTTEN THE NEW PROCEDURE IN PLACE, WHICH I IMAGINE IS GOING TO BE A TOUGH HAUL FOR THEM TO REALLY REVAMP AN ADMINISTRATION OR FORMER ADMINISTRATION THAT REALLY HELD EVERYTHING CLOSE TO THEIR CHESTS.

BUT I DO WANT TO MOVE ON TO THE RELIGIOUS EXEMPTION CASE IN THE STATE.

THIS WEEK, A JUDGE ISSUED A PRELIMINARY INJUNCTION WHICH BASICALLY MEANS THAT HEALTHCARE WORKERS IN NEW YORK ARE ALLOWED TO SEEK RELIGIOUS EXEMPTIONS.

THAT DOESN'T MEAN THAT THEY'LL BE APPROVED AUTOMATICALLY, OF COURSE, BUT THEY NOW HAVE THAT OPTION.

ANNA, WHAT DOES THIS MEAN FOR THE HOCHUL ADMINISTRATION?

IT'S ANOTHER LEGAL SETBACK FOR THEM.

I DON'T THINK THEY HAD TOO 7 MANY.

IT'S ONLY BEEN 52 DAYS.

BUT WHAT DOES THIS LOOK LIKE FOR THEM?

>> I THINK IT'S GOING TO BE, FROM MY UNDERSTANDING, A-- AN EXAMPLE OF WHAT CAN HAPPEN ACROSS THE COUNTRY.

A LOT OF PEOPLE ARE CLOSELY WATCHING.

THAT'S GOT TO MAKE THEM A LITTLE BIT NERVOUS.

I DON'T THINK HOCHUL IS INTERESTED IN BACKING DOWN, AND SHE DID SAY SHE WOULD APPEAL.

SO FAR, SHE HAS BEEN PUSHING THIS AS A CORNERSTONE OF HER FIRST FEW MONTHS IN OFFICE OF GETTING EVERYONE VACCINATED AND SHE HAS NOT INDICATED NOR HAS HER STAFF THAT THIS IS SOMETHING THAT THEY'RE WILLING TO CUT BACK ON A LITTLE BIT.

>> THE SECOND CIRCUIT COURT OF APPEALS WHICH IS A FEDERAL APPELLATE COURT, THE MIDDLE TIER BETWEEN THE TRIAL LEVEL AND THE U.S. SUPREME COURT IS HEARING A RELATED CASE IN NEW YORK RIGHT NOW.

I'M REALLY INTERESTED TO SEE IF THAT CASE MAKES IT TO THE SUPREME COURT BECAUSE THE LAST TIME THE SUPREME COURT MADE A MAJOR, MAJOR RULING ON VACCINES LIKE THIS WAS IN THE EARLY 1900s AND I WON'T GET INTO THE WHOLE THING OF WHAT'S HAPPENING.

[LAUGHTER] >> YOU KNOW FAR TOO MUCH.

8 >> PLEASE DO.

>> ANNA'S RIGHT ON TARGET HERE.

THE COUNTRY IS WATCHING THIS CASE.

>> YEAH.

>> IT'S VERY IMPORTANT.

THE DIFFICULTY OF THIS CASE, IT ALMOST-- EACH SIDE SEEMS TO THINK THEY HAVE A SLAM DUNK IN THIS, THEY DON'T.

GOVERNOR HOCHUL IS ARGUING NO RELIGIOUS LEADER, AS THE POPE ON DOWN AS SHE PUTS IT, ARE CALLING FOR PEOPLE NOT TO GET VACCINATED.

THEY'RE ACTUALLY CALLING PEOPLE TO GET VACCINATED.

BUT THE LAW-- AND YOU WOULD KNOW THIS BETTER THAN I-- THE LAW REALLY GOES TO AN INDIVIDUAL'S COMMITMENT.

>> RIGHT >> THAT'S WHERE THE RUB S THAT'S WHERE THE DIFFICULTY IS OF THIS DECISION.

>> RIGHT.

IT'S THE BALANCE BETWEEN THE RIGHT TO MY PERSONAL LIBERTIES, RELIGIOUS FREEDOMS, BALANCED WITH THE PUBLIC HEALTH, THE CASE IN THE EARLY 1900s SAID, WELL, YOUR EXEMPTIONS, THEY DON'T OVERPOWER PUBLIC HEALTH.

LIKE YOU CAN'T CLAIM YOUR 9 RELIGION AND HAVE SOMEBODY DIE.

SO WE'LL SEE WHERE THAT GOES.

LET'S MOVE ON TO POLITICS A LITTLE BIT.

A POLL CAME OUT THIS WEEK, THE FIRST POLL THAT WE HAVE SEEN AHEAD OF NEXT YEAR'S PRIMARY FOR GOVERNOR, REALLY, REALLY INTERESTING STUFF.

THEY COMPARED IF HOCHUL RUNS COMPARED TO ATTORNEY GENERAL LETITIA JAMES AND NEW YORK CITY PUBLIC ADVOCATE JUMAANE WILLIAMS AND FORMER GOVERNOR ANDREW CUOMO.

ANNA, AS YOU KNOW, HOCHUL IS GETTING A-- A PLURALITY OF THE VOTE, 44% WOULD GO TO HER.

SO POLITICALLY, WHAT DOES IT LOOK LIKE FOR KATHY HOCHUL GOING INTO NEXT YEAR?

IT SEEMS, BASED ON THIS POLL, SHE MAY CRUISE TO VICTORY IN A PRIMARY.

I IMAGINE THAT THINGS COULD CHANGE IN THAT TIME.

>> YEAH.

I DON'T THINK THAT EVEN ENCOMPASSES ALL THE CANDIDATES WE WILL SEE JUMP INTO THE PRIMARIES.

FOR THE FIRST TIME IN TEN YEARS THAT DEMOCRATS HAVE THOUGHT MAYBE THEY HAD AN OPEN SHOT AT TRYING TO GET THE GOVERNOR'S OFFICE AND I IT'S IMPORTANT TO NOTE, THOUGH, THAT NONE OF THESE PEOPLE HAVE JUMPED INTO THE RACE YET.

>> YES.

>> KATHY HOCHUL IS THE ONLY ONE WHO HAS DECLARED AND SO IT'S REALLY EASY TO SAY, OH, 10 LET'S RE-ELECT KATHY, BUT IT COULD CHANGE VERY SIGNIFICANTLY IF ONE OR MORE OF THESE CANDIDATES DROP OUT, AND THEY STILL HAVE TIME TO.

THEY DON'T WANT TO DEAL WITH ALL OF THIS.

THEY WENT OUT.

I THINK THAT THE RACE WILL CHANGE A LOT.

THAT WILL HAPPEN IN THE NEXT COUPLE OF MONTHS, AND THINGS WILL GET TO SOLIDIFY A LITTLE MORE.

>> I THINK JUMAANE HAS SAID-- LIKE HE'S GOING ON HIS EXPLORATORY TOUR OF RUNNING FOR GOVERNOR WHICH TO ME INDICATES THAT HE'S GOING TO ANNOUNCE PROBABLY.

OBVIOUSLY, THAT'S STILL UP IN THE AIR.

BUT IF I WAS LETITIAETICIA JAMES AND THERE WAS A LOT OF BUZZ ABOUT ME RUNNING FOR GOVERNOR AND I SAW THIS POLL, I MIGHT THINK TWICE.

MIKE, WHAT DO YOU THINK?

>> YEAH.

THIS IS WHAT POLLSTERS CALL A BASELINE POLL.

SO THIS SETS WHERE WE ARE AND HOW THINGS ARE GOING TO CHANGE.

THE IMPORTANT THING IS HOW IT CHAINS OVER THESE NEXT FEW MONTHS.

RIGHT NOW, AS ANNA SAID, YOU DON'T HAVE WILLIAMS OR JAMES ANNOUNCING THAT THEY'RE GOING TO RUN.

THAT USUALLY CHANGES THINGS QUITE A BIT FOR A CANDIDATE.

THE OTHER THING THAT'S GOING ON BEHIND THE SCENES IS THINK ABOUT THE QUANDARY FOR 11 THE BIG CONTRIBUTORS TO CAMPAIGNS RIGHT NOW.

>> YEAH.

>> THEY HAVE TO DECIDE WHETHER TO PUT THEIR MONEY ON KATHY HOCHUL, WHICH MAY JUST BE AN INVESTMENT FOR ONE YEAR OR SHOULD THEY TRY TO GAUGE THE SYSTEM OR THE CHANCES OF A CHALLENGER WINNING?

SO EVERYONE'S GOING TO BE FIGHTING FOR THESE CAMPAIGN DOLLARS.

THAT'S GOING TO ACTUALLY BE A DIFFERENT KIND OF ELEMENT TO THIS CAMPAIGN.

UNLESS KATHY HOCHUL CAN CLEAR THE FIELD.

THAT'S WHAT SHE'S TRYING TO DO NOW BY GETTING COUNTY DEMOCRATIC CHAIRS TO ENDORSE HER.

>> IT'S SO INTERESTING BECAUSE, AS YOU SAID, THEY HAVE TO PICK WHO IS GOING TO BE THE NEXT ELECTED GOVERNOR AND IF THEY DON'T WANT KATHY HOCHUL BASED ON WHATEVER THAT COULD ALL CHANGE.

WE DO HAVE TO LEAVE IT THERE.

ANNA GROWN WALLED FROM POLITICO AND MIKE GORMLEY FROM NEWSDAY, THANK YOU BOTH SO MUCH.

MOVING ON NOW, THERE'S A MAJOR DECISION BREWING IN NEW YORK THAT COULD HAVE A HUGE IMPACT ON NEW YORK'S FOOD AND FARMING INDUSTRIES.

THAT'S A LOT OF WHAT YOU BUY AT THE GROCERY STORE, ESPECIALLY IF YOU ARE LOOKING FOR FRESH FOOD.

12 SOMETIME IN THE NEXT FEW MONTHS, NEW YORK WILL CONSIDER DROPPING THE NUMBER OF HOURS FARM WORKERS NEED TO WORK TO EARN OVERTIME.

IT DOESN'T SOUND LIKE A BIG DEAL, BUT FOR FARMERS AND THEIR WORKERS, IT COULD CHANGE THEIR LIVES.

OVER THE PAST MONTH, WE SPOKE WITH FARMERS, LAWMAKERS AND OTHERS FOR THE INSTALLMENT ON A SERIES ON THE FUTURE OF WORK IN NEW YORK.

TAKE A LOOK.

WHEN YOU BUY A GALLON OF MILK AT THE GROCERY STORE, YOU PROBABLY DON'T GIVE IT A SECOND THOUGHT, BUT THAT MILK CAME FROM A COW AND THAT COW MAY VERY WELL LIVE ON ONE OF NEW YORK'S MORE THAN 4,000 DAIRY FARMS WHERE MORE THAN 15 BILLION POUNDS OF MILK ARE PRODUCED EVERY YEAR, ACCORDING TO THE STATE.

ONE OF THOSE FARMS IS WELCOME STOCK FARM IN SARATOGA COUNTY RUN BY DAIRY FARMER BILL PECK.

>> THIS IS WELCOME STOCK FARM.

I'M A SIXTH GENERATION DAIRY FARMER HERE.

MY BROTHER AND I FARMED TOGETHER WITH OUR TEAM OF EMPLOYEES.

>> PECK'S GOT ABOUT A THOUSAND COWS THAT ALL NEED TO BE MILKED EVERY DAY, HE AND DOESN'T DO IT ALONE.

HE'S GOT 18 FULL-TIME WORKERS.

MOST OF THEM ARE IMMIGRANTS, 13 AND THEY USUALLY WORK AT LEAST 60 HOURS A WEEK BECAUSE THE COWS DON'T STOP WHEN THE SUN GOES DOWN.

>> THIS IS A DAIRY FARM.

THIS IS 24/7 OPERATION.

AROUND-THE-CLOCK EMPLOYEES, NO ANIMAL CARE DOESN'T STOP.

YOU HAVE COWS THAT CALF DAY AND NIGHT AND MILK GOES ON THREE TIMES A DAY.

>> IT'S PHYSICALLY EXHAUSTING WORK.

THE KIND THAT BREAKS YOUR BODY OVER TIME, BUT THE WORKERS KEEP COMING BACK BECAUSE THEY NEED THE MONEY AND IN JUST A FEW MONTHS, THEIR LIVES COULD CHANGE IN A BIG WAY.

RIGHT NOW, FARM WORKERS IN NEW YORK EARN OVERTIME AFTER 60 HOURS BUT SOON, THAT COULD DROP REQUIRING OVERTIME PAY AT 40 HOURS.

THAT'S BECAUSE OF A NEW LAW, WHICH WOULD ALLOW THE STATE TO CONSIDER THAT CHANGE.

IT WAS SPONSORED BY SENATE LABOR CHAIR JESSICA RAMOS, A DEMOCRAT FROM QUEENS.

SHE SAID OVERTIME PAY, AFTER 40 HOURS, WOULD PUT FARM WORKERS ON A LEVEL PLAYING FIELD WITH OTHER INDUSTRIES.

>> OUR ARGUMENT, OF COURSE, IS A MORAL ONE THAT SAYS THAT ANYONE WHO DOES ANY WORK FOR A LIVING IS ENTITLED TO LIVING WAGES AND SAFE WORKING CONDITIONS AND BENEFITS.

14 >> BUT LIKE EVERY OTHER INDUSTRY, FARMING HAS ELEMENTS THAT SET IT APART.

FOR SOME FARMS, THE WORK NEVER STOPS.

THINK OF THOSE DAIRY FARMS.

COWS DON'T STOP PRODUCING MILK IN THE WINTER.

BUT THEN THERE'S SEASONAL WORK WHERE THE MAIN WORK OF THE FARM ONLY LASTS A FEW MONTHS.

THAT'S THE CASE AT INDIAN LADDER FARMS WHERE MORE THAN THREE MILLION APPLES ARE HARVESTED EVERY SEASON.

IT'S BEEN RUN BY PETE TEN EYCK FOR MORE THAN 50 YEARS.

>> WE HAVE A LOT OF TREES BECAUSE WE PUT THEM REALLY CLOSE TOGETHER.

I GOT A LOT OF TREES.

ONLY HAVE 60 ACRES OF ORCHARD, BUT I GOT 20,000 APPLE TREES AND THAT SOUNDS MUCH MORE IMPORTANT, DOESN'T IT?

>> TEN EYCK'S GOT ABOUT AS MANY WORKERS AS BILL PECK, THE DAIRY FARMER, AND LIKE AT PECK'S FARM, MOST OF THEM ARE IMMIGRANTS, BUT HERE, THEY DON'T STAY YEAR ROUND.

WHEN THE SEASON'S OVER, THEY GO BACK TO THEIR HOME COUNTRY AND TEN EYCK SAYS BECAUSE THEY'RE ONLY HERE A FEW MONTHS, THEY WANT AS MUCH WORK AS THEY CAN GET.

>> THEY'RE MAKING ABOUT 17.50 AN HOUR, THE AVERAGE FARM WORKER IS ON THE FARM NOW.

I DON'T THINK THAT'S TOO BAD.

15 I THINK WE'RE IN THE BALLPARK.

THE QUALITY OF THE WORK IS GOOD.

I MEAN, PEOPLE ENJOY BEING OUTDOORS.

THEY ENJOY ACCOMPLISHING SOMETHING.

>> WORKERS ON THE FARM AVERAGE ABOUT 70 HOURS A WEEK, TEN EYCK SAYS.

SO HE'S ALREADY PAYING ABOUT TEN HOURS OF OVERTIME PER WORKER PER WEEK BUT IF THE OVERTIME THRESHOLD DROPS TO 40 HOURS, HE'LL HAVE A CHOICE TO MAKE.

HE CAN EITHER DROP WORKERS TO 40 HOURS A WEEK AND NOT PAY OVERTIME OR KEEP THEIR HOURS, TAKE A HUGE HIT, AND MAYBE SHUT DOWN.

>> WELL, THE IMMEDIATE IMPACT IS IF I DO NOTHING AT ALL JUST TAKE THAT EXTRA 20 HOURS TIMES THE NUMBER OF WORKERS THAT I HAVE BY THE SEASON OF THE YEAR THEY HAVE, I FIGURED THAT ALL OUT, IT'S CLOSE TO $40,000.

>> THE MOVE GOING FROM 60 TO 40 WILL REALLY BE DETRIMENTAL TO UPSTATE AGRICULTURE.

YOU KNOW, IF WE'RE IN CROPPING SEASON, IT GOES UP.

NORMAL MONTH WILL BE ABOUT 9,500 TO 10,000.

EXTRA PAY JUST IN OVERTIME IF I WERE TO DO THAT.

>> AND THERE ARE WAYS TO GET AROUND THAT BUT NONE OF THEM 16 ARE GOOD.

FARMERS COULD DOWNSIZE THEIR FARM BUT THAT MEANS LESS REVENUE AND THEY COULD CAP THEIR WORKERS AT 40 HOURS A WEEK BUT FARMERS SAY THAT WOULD BACKFIRE.

IF THOSE WORKERS WANT MORE HOURS AND MANY DO, THEY COULD FIND THAT WORK SOMEWHERE ELSE.

>> THE FOREIGN BORN ONES, PARTICULARLY ARE SENDING MONEY BACK TO THEIR HOME COUNTRIES, AND SO IF I LIMIT THEM 40 HOURS, THEY LEAVE.

THEY'RE GOING TO GO TO OHIO, PENNSYLVANIA, MICHIGAN, WISCONSIN, WHERE THEY DON'T HAVE THESE LIMITATIONS AND THEY MAKE MORE MONEY.

>> IF THEY CAN GO SOME PLACE AND GO AND WORK AND TAKE HOME SOME WAGES BECAUSE THIS IS THEIR CASH WAGES FOR THE YEAR, THEY'RE GONNA DO IT.

>> EVEN IF THOSE WORKERS DECIDE TO STAY, FARMERS WOULD HAVE TO HIRE MORE AND THAT'S NOT ALWAYS EASY.

LOCALS USUALLY DON'T WANT THOSE JOBS AND THE IMMIGRANT WORKFORCE IS SHRINKING.

RICHARD STEP FROM CORNELL IS AN EXPERT ON THOSE TRENDS.

>> WE AS A NATIONAL POLICY REALLY TIGHTENED UP THE BORDER.

THAT CHANGED THINGS.

THAT IS A LIMITED POOL OF PEOPLE.

THERE USED TO BE IMMIGRANTS 17 LINING UP AT FARMS TO FIND JOBS.

THAT NO LONGER HAPPENS >> LIKE OTHER INDUSTRIES, COSTS HAVE GONE UP FOR FARMERS.

EQUIPMENT BREAKS DOWN AND NEW TECHNOLOGY IS EXPENSIVE, BUT AT THE SAME TIME, FARMERS CAN'T ALWAYS MAKE MORE MONEY.

FOR ONE, SOME PRICES ARE SET BY THE GOVERNMENT AND FOR TWO, FARMERS HAVE TO STAY COMPETITIVE.

>> WITH MANY FARMS IN THE PAST DECADES, A LOT OF FOOD PRICES AT THE FARM LEVEL HAVE REMAINED STABLE AND SO FARMS OPERATE ON VERY NARROW MARGINS AND HAVE TO OPERATE VERY COMPETITIVELY WITH FARMERS IN OTHER STATES AND INCREASINGLY WITH FARMERS IN OTHER COUNTRIES.

>> THAT'S ALL TO SAY THAT THE BUSINESS OF FARMING ISN'T ALWAYS FLEXIBLE, BUT IN THIS CASE, SUPPORTERS OF LOWERING THE OVERTIME THRESHOLD FOR FARM WORKERS SAY IT SHOULD BE.

NO OTHER INDUSTRY IN THE STATE SETS OVERTIME AT 60 HOURS AND THEY SAY FARMING SHOULDN'T EITHER.

MARIO CILENTO IS THE PRESIDENT OF THE NEW YORK STATE AFL/CIO, AND HE SAYS FARM WORKERS SHOULD HAVE THE SAME OPPORTUNITY FOR OVERTIME PAY AS EVERYONE ELSE.

>> WHAT WE'RE TALKING ABOUT 18 HERE ARE WORKERS BEING TREATED EQUALLY.

IN OTHER WORDS, FARM WORKERS HAVING THE SAME RIGHTS AS EVERY OTHER WORKER IN THE STATE.

RIGHT?

OTHER WORKERS HAVE A 40-HOUR OVERTIME LEVEL.

FARM WORKERS SHOULD HAVE THE SAME.

>> AND ALONG WITH HAVING THE SAME BENEFITS AT WORK, SUPPORTERS SAY FARM WORKERS DESERVE THE SAME QUALITY OF LIFE AS EVERYONE ELSE.

THAT'S WHY RAMOS, THE SENATE LABOR CHAIR, SAY FARM WORKERS DESERVE A CHOICE IN HOW MUCH THEY WORK.

>> IF YOU THINK BACK TO WHY THE LABOR MOVEMENT FOUGHT AND WON A 40-HOUR WORK WEEK IT'S BECAUSE WE FUNDAMENTALLY BELIEVE THAT HUMANS, YOU KNOW, IF WE'RE GOING TO HAVE TO WORK FOR EIGHT HOURS, THEN WE SHOULD HAVE EIGHT HOURS OF SLEEP AND WE SHOULD HAVE EIGHT HOURS OF LEISURE TO DO AS WE PLEASE.

IT COMES FROM A MENTALITY, A PHILOSOPHY OF HEALTH AND SAFETY FOR THE WORKER.

>> AS FOR FARM WORKERS, THEMSELVES, THEY'RE MIXED ON THE ISSUE.

SOME, LIKE SEASONAL WORKERS, ARE WORRIED THEIR HOURS WILL BE CUT IF THE OVERTIME THRESHOLD GOES DOWN.

THAT MEANS LESS MONEY TO TAKE HOME.

BUT OTHERS SAY 60 HOURS IS 19 TOO MUCH WITHOUT SOME ADDED BENEFIT, ESPECIALLY WHEN YOU ARE TRYING TO BUILD A LIFE HERE.

WHEN THE STATE WAS HOLDING HEARINGS ON THIS SAME ISSUE LAST YEAR,S BERSAIN VAZQUEZ, A DAIRY FARM WORKER, SAID MONEY COULDN'T REPLACE TIME WITH HIS FAMILY.

>>(THROUGH INTERPRETER) IT'S A HEAVY JOB, DIFFICULT, WAKING UP EVERY MORNING AT 4:00 IN THE MORNING, IT'S VERY DIFFICULT.

AT NIGHT, GET OUT OF WORK TIRED AND I AGREE.

TO REDUCE THE THRESHOLD FROM 60 TO 40 HOURS, IT WOULD BE VERY GOOD FOR US, FOR THOSE OF US WHO HAVE OUR FAMILIES HERE SO THAT WE CAN SHARE WITH OUR FAMILIES.

>> AND FOR SOME, IT'S ALSO AN ISSUE OF HEALTH AND SAFETY.

ANNA CRECHE IS WITH THE WORKERS JUSTICE CENTER OF NEW YORK, WHICH DOES ADVOCACY AND LEGAL WORK FOR FARM WORKERS, AND SHE SAYS THAT BECAUSE FARMING IS SUCH A PHYSICALLY DEMANDING JOB, WORKING 60 HOURS WITH NO ADDED BENEFIT, ISN'T GOOD FOR ANYONE.

>> THIS IS VERY PHYSICALLY DEMANDING WORK.

SO WHEN WORKERS ARE FATIGUED, THEY'RE MORE LIKELY TO HAVE ACCIDENTS TO GET INJURED AND THEY'RE MORE LIKELY TO DIE.

PEOPLE DO NOT WANT THAT FOR 20 THEMSELVES.

>> BUT CRECHE SAYS IT'S ALSO ABOUT EQUITY BETWEEN WORKERS.

FOR MANY FARM WORKERS, THERE'S A DIFFERENT DYNAMIC BETWEEN THEM AND THEIR BOSS COMPARED TO OTHER INDUSTRIES.

IF THEY'RE IMMIGRANTS AND THEY PUSH BACK, THAT CAN MEAN THEIR ENTIRE FUTURE ON THE LIFE IF THEIR BOSS RETALIATES.

>> SO YOUR BEHOLDENED TO YOUR EMPLOYER IN A WAY THAT DISINCENTIVIZES ANY KIND OF LABOR ORGANIZING, DISINCENTIVIZING FILING COMPLAINTS, MUCH LESS FILING LAWSUITS BECAUSE YOU SIMPLY WON'T BE INVITED BACK.

>> THAT'S NOT TO SAY THAT'S COMMON FOR FARMERS WHO WOULD ALSO LOSE OUT IF THEY LOSE WORKERS.

AGAIN, FARM WORKERS AREN'T ALWAYS EASY TO FIND AND IT'S A LOT EASIER TO KEEP WORKERS WITH EXPERIENCE THAN START NEW WITH SOMEONE ELSE.

AT THE END OF THE DAY, THERE IS NO FARM WITHOUT ITS WORKERS.

JEFF WILLIAMS IS FROM THE NEW YORK FARM BUREAU.

>> WE RELY ON THESE WORKERS TO DO THAT REALLY IMPORTANT STUFF BECAUSE IF IT DOESN'T GET PICKED, IT GOES BAD AND THEN WE THEN START HAVE TO TALK ABOUT EVERYONE LOVES 21 LOCAL FOOD BUT IF THERE'S NO ONE THERE TO GET IT, TO PICK IT OR PROCESS IT, IT DOESN'T DO ANYONE ANY GOOD.

>> IN A LOT OF WAYS THAT'S WHY THIS CONVERSATION IS SO COMPLICATED.

FARMERS DON'T WANT TO LOSE THEIR WORKERS BUT THEY ALSO CAN'T AFFORD HIGHER PAY FOR THE SAME AMOUNT OF WORK.

AT THE SAME TIME, FARM WORKERS ARE MIXED ON WHETHER TO DROP THE OVERTIME THRESHOLD WHILE SUPPORTERS SAY IT'S THE FAIR AND RIGHT THING TO DO.

ASSEMBLY FOOD AND A.G.

CHAIR, DONNA LA PAR DOUGH, A DEMOCRAT FROM THE SOUTHERN TIER, IS RIGHT THERE IN THE MIDDLE.

SHE SAYS IT'S THE RIGHT PATH FORWARD JUST NOT RIGHT NOW.

>> I THINK THE WAY I GENERALLY LOOK AT THIS IS IN THE IDEAL WORLD, WE WOULD DEFINITELY WANT TO LOWER THIS THRESHOLD.

I THINK EVERYONE REALIZES HOW IMPORTANT IT IS TO PAY PEOPLE FOR THE WORK THAT THEY DO BUT WE'RE HOPING IN THE MIDDLE OF A PANDEMIC THAT PEOPLE WILL UNDERSTAND THAT WHAT COULD HAPPEN IN THE LONG RUN IS PEOPLE MAY VERY WELL LOSE THEIR JOBS IN THE PROCESS AND WE MIGHT LOSE VITAL FARMS AS WELL.

>> AND THOSE WHO SUPPORT LOWERING THE OVERTIME THRESHOLD FOR FARM WORKERS REALIZE THAT.

22 EVEN CILENTO, WHO IS NOT ONE TO BUDGE ON WORKERS' RIGHTS, SAYS IT WOULD HAVE TO BE IN A WAY THAT DOESN'T BREAK FARMERS >> WE'RE NOT OPPOSED TO A PHASE-IN.

WE WANT TO MAKE THIS SOMETHING THAT THE FARM OWNERS CAN LIVE WITH BUT ALSO EVENTUALLY GETS US A PATH TO COMPLETE AND UTTER FAIRNESS FOR THE WORKERS THAT ARE OUT THERE EVERY SINGLE DAY.

>> AND RAMOS, THE SENATE LABOR CHAIR, SAYS IF IT DOES HAPPEN, THERE NEEDS TO BE A CLEAR PATH TO GET THERE, BUT WITH SAFEGUARDS AND RELIEF FOR FARMS ALREADY STRUGGLING TO GET BY.

>> THE TRUTH IS THAT OUR FARMERS ARE GOING THROUGH A DIFFICULT TIME AS WELL, UNFORTUNATELY, AND WE CAN DO MORE TO HELP THEM, BUT WHAT WE WOULD LIKE TO SEE FROM THE WAGE BOARD IS A MOVE IN THAT DIRECTION AND A PATHWAY, HOPEFULLY, WITH MILESTONES SO THAT THE WORKERS CAN SEE THE LIGHT AT THE END OF THE TUNNEL.

[ THEME MUSIC ] >> AND THE WAGE BOARD IS SET TO MEET SOMETIME LATE THEY'RE YEAR TO MAKE A FINAL DECISION ON THE OVERTIME THRESHOLD FOR FARM WORKERS.

SO WE'LL KEEP YOU POSTED ON THAT AND JOIN US NEXT WEEK 23 FOR THE NEXT INSTALLMENT IN OUR SERIES ON THE FUTURE OF WORK IN NEW YORK.

WE'LL BE LOOKING AT ONE WAY PEOPLE CAN GET AHEAD AS WE COME OUT OF THE PANDEMIC.

IN THE MEANTIME, IT'S THE OFFSEASON BUT A HANDFUL OF LAWMAKERS WERE BACK IN ALBANY THIS WEEK TO HEAR TESTIMONY ON A NEW CRIMINAL JUSTICE MEASURE.

DARRELL CAMP IS HERE WITH MORE.

DARRELL?

>> DAN, YOU ARE CORRECT.

MEMBERS OF THE STATE LEGISLATURE RETURNED TO ALBANY BRIEFLY ON WEDNESDAY TO HOLD A HEARING ON A BILL THAT WOULD ELIMINATE FEES AND SURCHARGES FOR COURT AND PROBATION AND PREVENT THE GARNISHMENT OF COMMISSARY ACCOUNTS TO PAY FOR THOSE FEES.

THAT MEASURE IS COMMONLY CALLED THE END PREDATORY COURT FEES ACT AND IS SPONSORED IN THE STATE SENATE BY JULIA SALAZAR, A DEMOCRAT FROM BROOKLYN.

>> WE KNOW THAT THE VAST MAJORITY OF PEOPLE WHO GO THROUGH THE CRIMINAL COURT SYSTEM IN NEW YORK STATE ARE LOWER INCOME INDIVIDUALS.

THE VAST MAJORITY ARE COMMUNITIES OF COLOR, OR FROM COMMUNITIES OF COLOR, AND AS A RESULT, THIS HAS A DISPROPORTIONATE RACIAL AND ECONOMIC IMPACT.

>> BEFORE THE HEARING, AFFECTED ADVOCATES ALSO 24 SPOKE.

ONE OF THEM WAS PEGGY HERRERA.

HERRERA SAID HER SON, JUSTIN, HAD AN ANXIETY ATTACK ABOUT TWO YEARS AGO THAT REQUIRED AN EMERGENCY RESPONSE.

BUT AFTER HE CALMED DOWN, SHE SAID POLICE INSISTED THAT HE BE REMOVED FROM THEIR HOME.

HERRERA SAID SHE TRIED TO PREVENT THAT WHICH LED TO HER ARREST.

>> THE ACCUMULATIVE COURT FEES AND BAIL PAYMENTS NOW TOTAL OVER $12,000, INCLUDING COURT FEES IN EXCESS OF $200 FOR EVERY CONVICTION AS WELL AS YOUTHFUL OFFENDER FEES AND FEES FOR TRAFFIC VIOLATIONS.

THESE FEES AFFECT MY SON'S CREDIT AS WELL AS HIS ABILITY TO WORK CONSISTENTLY.

>> HOWEVER, THOSE BILLS FACE SOME OPPOSITION.

SENATOR TOM O'MARA, A REPUBLICAN FROM CHEMUNG COUNTY, WHO OPPOSES THAT BILL, SAID THAT THOSE FEES HELP FUND THE COURT SYSTEM AS WELL AS IMPORTANT PROGRAMS.

>> THE DUI PROGRAM IS FULLY FUNDED BY FINES LEVIED FOR CRIMINAL CONVICTS FOR DRIVING WHILE INTOXICATED.

WE NEED TO ENSURE THAT THESE TYPES OF PROGRAMS CAN CONTINUE FOR THE SAFETY OF THE PUBLIC AT LARGE.

25 >> THAT BILL SITS IN THE CODES COMMITTEE IN BOTH THE SENATE AND THE ASSEMBLY.

>> THANK YOU SO MUCH, DARRELL.

THAT'S SOMETHING WE'LL AN EYE ON WHEN THE NEXT LEGISLATIVE SESSION STARTS IN JANUARY.

IN THE MEANTIME, DON'T FORGET TO CHECK OUR WEBSITE EVERY DAY FOR UPDATES FROM THE STATE CAPITOL AND BEYOND IN NEW YORK.

THAT'S AT NYNOW.ORG.

WE'LL LEAVE IT THERE.

THANKS FOR WATCHING THIS WEEK'S "NEW YORK NOW."

HAVE A GREAT WEEK AND BE WELL.

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