I 

117TH CONGRESS 

1ST SESSION H. R. 3194 

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

law protections for agricultural workers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Mr. GRIJALVA (for himself, Mr. GALLEGO, Ms. BARRAGA ́N, Ms. BASS, Mr. 

SCOTT of Virginia, Mr. ESPAILLAT, Mr. CICILLINE, Ms. LOFGREN, Mr. 

PANETTA, Mr. TAKANO, Mr. GARCI ́A of Illinois, Mr. CASTRO of Texas, 

Ms. BROWNLEY, Ms. JAYAPAL, Mr. GOMEZ, Mr. SHERMAN, Mr. 

LOWENTHAL, Ms. NORTON, Ms. GARCIA of Texas, Mr. PALLONE, Mr. 

DESAULNIER, Mr. CARBAJAL, Ms. PRESSLEY, Mr. MCGOVERN, Mr. 

COHEN, Mr. VARGAS, Ms. WILSON of Florida, Mr. VEASEY, Ms. LEE of 

California, Ms. CHU, Mr. KHANNA, Mrs. HAYES, Ms. ROYBAL-ALLARD, 

Mrs. NAPOLITANO, Ms. SCHAKOWSKY, Mrs. TORRES of California, Mr. 

RASKIN, Mr. SWALWELL, Mr. BLUMENAUER, Ms. VELA ́ZQUEZ, Mr. 

CA ́RDENAS, Mr. HUFFMAN, Mr. NEGUSE, Mr. SOTO, Mr. POCAN, Ms. 

SA ́NCHEZ, Mr. SAN NICOLAS, Ms. ESHOO, Ms. JACKSON LEE, Mr. 

CORREA, Mr. JOHNSON of Georgia, Mr. LIEU, Ms. ESCOBAR, Ms. TLAIB, 

and Ms. OCASIO-CORTEZ) introduced the following bill; which was referred to the Committee on Education and Labor 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Workers Act’’. 

4 SEC. 2. REDRESSING DISCRIMINATION AGAINST AGRICUL5 TURAL WORKERS UNDER THE FAIR LABOR 

6 STANDARDS ACT OF 1938. 

7 (a) ENDING DISCRIMINATION WITH RESPECT TO

8 OVERTIME HOURS REQUIREMENTS.—Section 7 of the 

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

10 amended— 

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

12 following: 

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

14 (C), beginning on January 1, 2022, no employer 

15 shall employ any employee employed in agriculture 

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

17 the production of goods for commerce, or is em18 ployed in an enterprise engaged in commerce or in 

19 the production of goods for commerce) for a work20 week that is longer than the hours specified under 

21 subparagraph (B), unless such employee receives 

22 compensation for employment in excess of the hours 

23 specified in such subparagraph at a rate not less 

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

25 which the employee is employed. 


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

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

3 ‘‘(i) Beginning on January 1, 2022, fifty4 five hours in any workweek. 

5 ‘‘(ii) Beginning on January 1, 2023, fifty 

6 hours in any workweek. 

7 ‘‘(iii) Beginning on January 1, 2024, forty8 five hours in any workweek. 

9 ‘‘(iv) Beginning on January 1, 2025, forty 

10 hours in any workweek. 

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

12 25 or fewer employees— 

13 ‘‘(i) the requirement under subparagraph 

14 (A) shall begin on January 1, 2025; and 

15 ‘‘(ii) the hours specified under subpara16 graph (B) shall apply as follows: 

17 ‘‘(I) The number of hours specified 

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

19 January 1, 2025. 

20 ‘‘(II) The number of hours specified 

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

22 January 1, 2026. 

23 ‘‘(III) The number of hours specified 

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

25 January 1, 2027. 


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1 ‘‘(IV) The number of hours specified 

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

3 January 1, 2028.’’; and 

4 (2) by repealing subsection (m). 

5 (b) REMOVING CERTAIN EXEMPTIONS FOR AGRICUL6 TURAL WORK.—Section 13 of the Fair Labor Standards 

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

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

9 all that follows through the semicolon and inserting 

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

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

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

13 (12) through (16); and 

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

15 (c) EFFECTIVE DATES.—The amendments made 

16 by— 

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

18 shall take effect— 

19 (A) with respect to an employer that em20 ploys more than 25 employees, on January 1, 

21 2025; and 

22 (B) with respect to an employer that em23 ploys 25 or fewer employees, on January 1, 

24 2028; and 

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


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1 (A) with respect to an employer that em2 ploys more than 25 employees, on January 1, 

3 2022; and 

4 (B) with respect to an employer that em5 ploys 25 or fewer employees, on January 1, 

6 2025. 

7 (d) CONFORMING AMENDMENTS.— 

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

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

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

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

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

13 employees of which are employed in agriculture and 

14 are employed by an employer who did not, during 

15 any calendar quarter during the preceding calendar 

16 year, use more than 500 man-days of agricultural 

17 labor (within the meaning of the exemption under 

18 subsection (a)(6)(A), as in effect on the day before 

19 the date of enactment of the Fairness for Farm 

20 Workers Act)’’. 

21 (2) MIGRANT AND SEASONAL AGRICULTURAL

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

23 Migrant and Seasonal Agricultural Worker Protec24 tion Act (29 U.S.C. 1803(a)(2)) is amended by 

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


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1 that follows through the period and inserting ‘‘who 

2 did not, during any calendar quarter during the pre3 ceding calendar year, use more than 500 man-days 

4 of agricultural labor (within the meaning of the ex5 emption under section 13(a)(6)(A) of the Fair Labor 

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

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

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

Æ 


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