[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 385 Introduced in Senate (IS)]

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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.

    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, 2021, 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, 2021, fifty-five 
                hours in any workweek.
                    ``(ii) Beginning on January 1, 2022, fifty hours in 
                any workweek.
                    ``(iii) Beginning on January 1, 2023, forty-five 
                hours in any workweek.
                    ``(iv) Beginning on January 1, 2024, 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, 2024; 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, 
                        2024.
                            ``(II) The number of hours specified under 
                        subparagraph (B)(ii) shall begin on January 1, 
                        2025.
                            ``(III) The number of hours specified under 
                        subparagraph (B)(iii) shall begin on January 1, 
                        2026.
                            ``(IV) The number of hours specified under 
                        subparagraph (B)(iv) shall begin on January 1, 
                        2027.''; 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, 2024; and
                    (B) with respect to an employer that employs 25 or 
                fewer employees, on January 1, 2027; and
            (2) subsection (b)(2) shall take effect--
                    (A) with respect to an employer that employs more 
                than 25 employees, on January 1, 2021; and
                    (B) with respect to an employer that employs 25 or 
                fewer employees, on January 1, 2024.
    (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 five 
        hundred 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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