Sec. 102. Premium pay
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A covered agricultural producer or a covered contractor shall, in accordance with this section, provide each agricultural worker of the covered agricultural producer with premium pay at a rate equal to $13 for each hour of work performed by the agricultural worker for the covered agricultural producer during the period described in subsection (f). The total amount of all premium pay under this subsection that a covered agricultural producer or covered contractor is required to provide to an agricultural worker shall not exceed— for an agricultural worker who is not highly compensated, $10,000 reduced by employer payroll taxes with respect to such premium pay; or for an agricultural worker who is highly compensated, $5,000 reduced by employer payroll taxes with respect to such premium pay.
A covered agricultural producer or covered contractor shall not have any discretion to determine which portions of work performed by an agricultural worker qualify for premium pay under this subsection, but shall pay such premium pay for any increment of time worked by the agricultural worker up to the maximum amount applicable to the agricultural worker under paragraph (2). A covered agricultural producer or covered contractor shall commence payment of the premium pay required under this subsection as quickly as practicable, but not later than the earlier of— the date that is 30 days after the receipt of grant funds under section 202 by the covered agricultural producer or covered contractor, respectively; or the date that is 90 days after the first day of the emergency period applicable to the covered agricultural producer.
A covered agricultural producer or covered contractor shall include, in the first payment of premium pay made under this subsection to an agricultural worker, all premium pay due to the agricultural worker for work occurring before the date of payment and during the emergency period applicable to the covered agricultural producer. Any payments made to an agricultural worker as premium pay under subsection
(a)shall be in addition to all other compensation, including all wages, remuneration, or other pay and benefits, that the agricultural worker otherwise receives from the covered agricultural producer or covered contractor. A covered agricultural producer or covered contractor shall not, during the period described in subsection (f), reduce or in any other way diminish, any other compensation, including the wages, remuneration, or other pay or benefits, that the covered agricultural producer or covered contractor provided to the agricultural worker on the day before the date of enactment of this Act. A covered agricultural producer or covered contractor shall not take any action to displace an agricultural worker (including partial displacement such as a reduction in hours, wages, or employment benefits) for purposes of hiring an individual for an equivalent position at a rate of compensation that is less than is required to be provided to an agricultural worker under paragraph (2). The amount of any premium pay paid under subsection
(a)shall be clearly demarcated as a separate line item in each paystub or other document provided to an agricultural worker that details the remuneration the agricultural worker received from the covered agricultural producer or covered contractor for a particular period of time. If any agricultural worker does not otherwise regularly receive any such paystub or other document, the covered agricultural producer or the covered contractor shall provide such paystub or other document to the agricultural worker for the duration of the premium pay period. Any premium pay under subsection
(a)paid to an agricultural worker under this section by a covered agricultural producer or covered contractor shall be excluded from the amount of remuneration for work paid to the agricultural worker for purposes of— calculating the agricultural worker's eligibility for any wage-based benefits offered by the covered agricultural producer or covered contractor; computing the regular rate at which such agricultural worker is employed under section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ); and determining whether such agricultural worker is exempt from application of such section 7 under section 13(a)(1) of such Act ( 29 U.S.C. 213(a)(1) ). In any case in which an agricultural worker of a covered agricultural producer exhibits symptoms of the coronavirus and dies as a result of the coronavirus during the period described in subsection (f), the covered agricultural producer or covered contractor shall pay as a lump sum to the next of kin of the agricultural worker for premium pay under subsection (a)— for an agricultural worker who is not highly compensated, the amount determined under subsection (a)(2)(A) minus the total amount of any premium pay the worker received under subsection
(a)prior to the death; or for an agricultural worker who is highly compensated, the amount determined under subsection (a)(2)(B) minus the amount of any premium pay the worker received under subsection
(a)prior to the death. For purposes of this title, any payment made under this subsection shall be treated as premium pay under subsection (a). For purposes of the Internal Revenue Code of 1986, any payment made under this subsection shall be treated as a payment for work performed by the agricultural worker. The emergency period described in this subsection shall be, for each covered agricultural producer or covered contractor of a covered agricultural producer, the period— beginning on the first date that the covered agricultural producer is approved to receive Federal agriculture-specific coronavirus funding; and ending on the earlier of— the date that is 60 days after the date of the expiration of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to the coronavirus; or the date on which— all grant funds available to the Secretary of Agriculture for grants under section 202 have been obligated; and in the case of a covered producer who has received a grant under section 202 or a covered contractor, the covered producer or covered contractor (as the case may be) has expended all funds provided under the grant for the purposes described in section 202(a).
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