II 

116TH CONGRESS 

1ST SESSION S. 385 

To amend the Fair Labor Standards Act of 1938 to provide increased labor 

law protections for agricultural workers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Ms. HARRIS (for herself, Mrs. FEINSTEIN, Ms. WARREN, Mr. BLUMENTHAL, 

Mr. BOOKER, Mr. SANDERS, Mr. MERKLEY, Ms. CORTEZ MASTO, Ms. 

HIRONO, Mr. WYDEN, Mr. VAN HOLLEN, Ms. KLOBUCHAR, and Mr. 

UDALL) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Fair Labor Standards Act of 1938 to provide 

increased labor law protections for agricultural workers, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness for Farm 

5 Workers Act’’. 


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•S 385 IS

1 SEC. 2. REDRESSING DISCRIMINATION AGAINST AGRICUL2 TURAL WORKERS UNDER THE FAIR LABOR 

3 STANDARDS ACT OF 1938. 

4 (a) ENDING DISCRIMINATION WITH RESPECT TO

5 OVERTIME HOURS REQUIREMENTS.—Section 7 of the 

6 Fair Labor Standards Act of 1938 (29 U.S.C. 207) is 

7 amended— 

8 (1) in subsection (a), by adding at the end the 

9 following: 

10 ‘‘(3)(A) Except as provided in subparagraph 

11 (C), beginning on January 1, 2021, no employer 

12 shall employ any employee employed in agriculture 

13 (who in any workweek is engaged in commerce or in 

14 the production of goods for commerce, or is em15 ployed in an enterprise engaged in commerce or in 

16 the production of goods for commerce) for a work17 week that is longer than the hours specified under 

18 subparagraph (B), unless such employee receives 

19 compensation for employment in excess of the hours 

20 specified in such subparagraph at a rate not less 

21 than one and one-half times the regular rate at 

22 which the employee is employed. 

23 ‘‘(B) The hours specified in this subparagraph 

24 are, subject to subparagraph (C), as follows: 

25 ‘‘(i) Beginning on January 1, 2021, fifty26 five hours in any workweek. 


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1 ‘‘(ii) Beginning on January 1, 2022, fifty 

2 hours in any workweek. 

3 ‘‘(iii) Beginning on January 1, 2023, forty4 five hours in any workweek. 

5 ‘‘(iv) Beginning on January 1, 2024, forty 

6 hours in any workweek. 

7 ‘‘(C) With respect to any employer that employs 

8 25 or fewer employees— 

9 ‘‘(i) the requirement under subparagraph 

10 (A) shall begin on January 1, 2024; and 

11 ‘‘(ii) the hours specified under subpara12 graph (B) shall apply as follows: 

13 ‘‘(I) The number of hours specified 

14 under subparagraph (B)(i) shall begin on 

15 January 1, 2024. 

16 ‘‘(II) The number of hours specified 

17 under subparagraph (B)(ii) shall begin on 

18 January 1, 2025. 

19 ‘‘(III) The number of hours specified 

20 under subparagraph (B)(iii) shall begin on 

21 January 1, 2026. 

22 ‘‘(IV) The number of hours specified 

23 under subparagraph (B)(iv) shall begin on 

24 January 1, 2027.’’; and 

25 (2) by repealing subsection (m). 


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•S 385 IS

1 (b) REMOVING CERTAIN EXEMPTIONS FOR AGRICUL2 TURAL WORK.—Section 13 of the Fair Labor Standards 

3 Act of 1938 (29 U.S.C. 213) is amended— 

4 (1) in subsection (a)(6), by striking ‘‘(A)’’ and 

5 all that follows through the semicolon and inserting 

6 ‘‘if such employee is the parent, spouse, child, or 

7 other member of the employer’s immediate family;’’; 

8 (2) in subsection (b), by repealing paragraphs 

9 (12) through (16); and 

10 (3) by striking subsections (h) through (j). 

11 (c) EFFECTIVE DATES.—The amendments made 

12 by— 

13 (1) subsections (a)(2), (b)(1), (b)(3), and (d) 

14 shall take effect— 

15 (A) with respect to an employer that em16 ploys more than 25 employees, on January 1, 

17 2024; and 

18 (B) with respect to an employer that em19 ploys 25 or fewer employees, on January 1, 

20 2027; and 

21 (2) subsection (b)(2) shall take effect— 

22 (A) with respect to an employer that em23 ploys more than 25 employees, on January 1, 

24 2021; and 


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1 (B) with respect to an employer that em2 ploys 25 or fewer employees, on January 1, 

3 2024. 

4 (d) CONFORMING AMENDMENTS.— 

5 (1) FAIR LABOR STANDARDS ACT OF 1938.— 

6 Section 13(c)(1)(A) of the Fair Labor Standards 

7 Act of 1938 (29 U.S.C. 213(c)(1)(A)) is amended by 

8 striking ‘‘none of the employees’’ and all that follows 

9 through ‘‘section 6(a)(5)’’ and inserting ‘‘all of the 

10 employees of which are employed in agriculture and 

11 are employed by an employer who did not, during 

12 any calendar quarter during the preceding calendar 

13 year, use more than five hundred man-days of agri14 cultural labor (within the meaning of the exemption 

15 under subsection (a)(6)(A), as in effect on the day 

16 before the date of enactment of the Fairness for 

17 Farm Workers Act)’’. 

18 (2) MIGRANT AND SEASONAL AGRICULTURAL

19 WORKER PROTECTION ACT.—Section 4(a)(2) of the 

20 Migrant and Seasonal Agricultural Worker Protec21 tion Act (29 U.S.C. 1803(a)(2)) is amended by 

22 striking ‘‘for whom the man-days exemption’’ and all 

23 that follows through the period and inserting ‘‘who 

24 did not, during any calendar quarter during the pre25 ceding calendar year, use more than 500 man-days 


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1 of agricultural labor (within the meaning of the ex2 emption under section 13(a)(6)(A) of the Fair Labor 

3 Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)), as 

4 in effect on the day before the date of enactment of 

5 the Fairness for Farm Workers Act).’’. 

Æ 


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