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S. 385: Fairness for Farm Workers Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Feb 7, 2019.

Fairness for Farm Workers Act

This bill amends the Fair Labor Standards Act of 1938 with respect to agricultural workers.

The bill requires employers, beginning in 2021, to compensate agricultural workers for hours worked in excess of their regular hours (i.e., 55 hours in 2021, 50 hours in 2022, 45 hours in 2023, and 40 hours in 2024) at not less than one and one-half times the employee's regular rate. For employers with 25 or fewer employees, the overtime pay requirements begin in 2024. These overtime pay requirements do not apply, as in current law, to employees who are the parent, spouse, child, or other member of the employer's immediate family.

The bill also repeals the exemption from overtime pay requirements for employers in various agriculture-related industries, including certain small farms, irrigation projects, sugar processing, and cotton ginning and compressing.