Judges Doubt NY Farm Employers’ Challenge to OT, Union Law

Second Circuit judges on Thursday seemed likely to let New York continue to enforce its law that gives farm workers overtime pay and the right to unionize.

Employers have a “number of other protections” and opportunities to appeal the certification of a union, Judge Joseph Bianco of the US Court of Appeals for the Second Circuit said during oral arguments. “Why isn’t that enough to satisfy due process?” he asked.

Bianco and Judge William Nardini pointed out that if employers have an issue with a union certification, they can appeal to the state’s Public Employment Relations Board and then can ...