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Code · BILL · 117th Congress · S. 348 (Introduced in Senate) — To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern... · Sec. 5106

Sec. 5106. Fairness for farmworkers

721 words·~3 min read·/bill/117/s/348/is/section-5106

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Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended— in subsection (a), by adding at the end the following: Except as provided in subparagraph (C), beginning on January 1, 2022, 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 150 percent of the regular rate at which the employee is employed.
The hours specified in this subparagraph are, subject to subparagraph (C), as follows: Beginning on January 1, 2022, 55 hours in any workweek. Beginning on January 1, 2023, 50 hours in any workweek. Beginning on January 1, 2024, 45 hours in any workweek. Beginning on January 1, 2025, 40 hours in any workweek. With respect to any employer that employs 25 or fewer employees— the requirement under subparagraph
(A)shall begin on January 1, 2025; and the hours specified under subparagraph
(B)shall be as follows: The number of hours specified under subparagraph (B)(i) shall begin on January 1, 2025. The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2026. The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2027. The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2028. ; and by striking subsection (m). Section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 ) is amended— in subsection (a), by amending paragraph
(6)to read as follows: any employee employed in agriculture who is the parent, spouse, child, or other member of the employer’s immediate family; ; in subsection (b)— by striking paragraphs
(12)through (16); and by redesignating paragraphs (17), (20), (21), (24), (27), (28), (29), and
(30)as paragraphs (12), (13), (14), (15), (16), (17), (18), and (19), respectively; and by striking subsections
(h)through (j). 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 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 the enactment of the . U.S. Citizenship Act ), The Migrant and Seasonal Agricultural Worker Protection Act ( Public Law 97–470 ) is amended— in section 3 ( 29 U.S.C. 1802 )— in paragraph (8), by amending subparagraph
(B)to read as follows: The term migrant agricultural worker does not include any immediate family member of an agricultural employer or a farm labor contractor. ; and in paragraph (10), by amending subparagraph
(B)to read as follows: The term seasonal agricultural worker does not include— any migrant agricultural worker; or any immediate family member of an agricultural employer or a farm labor contractor. ; and in section 4(a) ( 29 U.S.C. 1803(a) ), by amending paragraph
(2)to read as follows: Any person, other than a farm labor contractor, 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 the enactment of the U.S. Citizenship Act ). . The amendments made by subsections (a)(2), (b)(1), (b)(3), and
(c)shall take effect on— January 1, 2025, with respect to an employer that employs more than 25 employees; and January 1, 2028, with respect to an employer that employs 25 or fewer employees. The amendments made by subsection (b)(2) shall take effect on— January 1, 2022, with respect to an employer that employs more than 25 employees; and January 1, 2025, with respect to an employer that employs 25 or fewer employees.
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  • Pub. L. 97-470
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cites case law
Sec. 5106
Fairness for farmworkers
U.S.C.§ 207
U.S.C.§ 213
U.S.C.§ 1802
U.S.C.§ 1803
Pub. L.Pub. L. 97-470
Cites 5Cited by 0 across 0 sources
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