[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4480 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4480
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
June 23, 2022
Mr. Padilla (for himself, Mrs. Feinstein, Ms. Warren, Mr. Blumenthal,
Mr. Booker, Mr. Sanders, Ms. Cortez Masto, Mr. Wyden, Mr. Van Hollen,
Ms. Klobuchar, Mr. Brown, and Mr. Markey) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Farm Workers Act''.
SEC. 2. REDRESSING DISCRIMINATION AGAINST AGRICULTURAL WORKERS UNDER
THE FAIR LABOR STANDARDS ACT OF 1938.
(a) Ending Discrimination With Respect to Overtime Hours
Requirements.--Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) is amended--
(1) in subsection (a), by adding at the end the following:
``(3)(A) Except as provided in subparagraph (C), beginning
on January 1, 2023, no employer shall employ any employee
employed in agriculture (who in any workweek is engaged in
commerce or in the production of goods for commerce, or is
employed in an enterprise engaged in commerce or in the
production of goods for commerce) for a workweek that is longer
than the hours specified under subparagraph (B), unless such
employee receives compensation for employment in excess of the
hours specified in such subparagraph at a rate not less than
one and one-half times the regular rate at which the employee
is employed.
``(B) The hours specified in this subparagraph are, subject
to subparagraph (C), as follows:
``(i) Beginning on January 1, 2023, fifty-five
hours in any workweek.
``(ii) Beginning on January 1, 2024, fifty hours in
any workweek.
``(iii) Beginning on January 1, 2025, forty-five
hours in any workweek.
``(iv) Beginning on January 1, 2026, forty hours in
any workweek.
``(C) With respect to any employer that employs 25 or fewer
employees--
``(i) the requirement under subparagraph (A) shall
begin on January 1, 2026; and
``(ii) the hours specified under subparagraph (B)
shall apply as follows:
``(I) The number of hours specified under
subparagraph (B)(i) shall begin on January 1,
2026.
``(II) The number of hours specified under
subparagraph (B)(ii) shall begin on January 1,
2027.
``(III) The number of hours specified under
subparagraph (B)(iii) shall begin on January 1,
2028.
``(IV) The number of hours specified under
subparagraph (B)(iv) shall begin on January 1,
2029.''; and
(2) by repealing subsection (m).
(b) Removing Certain Exemptions for Agricultural Work.--Section 13
of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)(6), by striking ``(A)'' and all that
follows through the semicolon and inserting ``if such employee
is the parent, spouse, child, or other member of the employer's
immediate family;'';
(2) in subsection (b), by repealing paragraphs (12) through
(16); and
(3) by striking subsections (h) through (j).
(c) Effective Dates.--The amendments made by--
(1) subsections (a)(2), (b)(1), (b)(3), and (d) shall take
effect--
(A) with respect to an employer that employs more
than 25 employees, on January 1, 2026; and
(B) with respect to an employer that employs 25 or
fewer employees, on January 1, 2029; and
(2) subsection (b)(2) shall take effect--
(A) with respect to an employer that employs more
than 25 employees, on January 1, 2023; and
(B) with respect to an employer that employs 25 or
fewer employees, on January 1, 2026.
(d) Conforming Amendments.--
(1) Fair labor standards act of 1938.--Section 13(c)(1)(A)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(c)(1)(A)) is amended by striking ``none of the employees''
and all that follows through ``section 6(a)(5)'' and inserting
``all of the employees of which are employed in agriculture and
are employed by an employer who did not, during any calendar
quarter during the preceding calendar year, use more than 500
man-days of agricultural labor (within the meaning of the
exemption under subsection (a)(6)(A), as in effect on the day
before the date of enactment of the Fairness for Farm Workers
Act)''.
(2) Migrant and seasonal agricultural worker protection
act.--Section 4(a)(2) of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1803(a)(2)) is amended by
striking ``for whom the man-days exemption'' and all that
follows through the period and inserting ``who did not, during
any calendar quarter during the preceding calendar year, use
more than 500 man-days of agricultural labor (within the
meaning of the exemption under section 13(a)(6)(A) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)), as in
effect on the day before the date of enactment of the Fairness
for Farm Workers Act).''.
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