H.R. 1080House116th Congress (2019-2021)In Committee

Fairness for Farm Workers Act

Introduced February 7, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:31 AM UTC

The Fairness for Farm Workers Act would expand the Fair Labor Standards Act to give farm workers the same overtime protections that other workers have. It sets weekly hour limits after which overtime pay (time‑and‑a‑half) must be paid, and it removes several long‑standing exemptions that keep many agricultural employees from receiving those protections. The rules apply differently to larger and smaller farms, with larger farms covered sooner. The changes would affect anyone employed in agriculture for a business that sells goods or services in commerce.

Key Provisions

  • Adds an overtime requirement for agricultural employees: for employers with more than 25 workers, overtime kicks in at 55 hours per week in 2021, dropping to 50 hours in 2022, 45 hours in 2023, and 40 hours in 2024; for employers with 25 or fewer workers, the same schedule starts one year later, beginning in 2024.
  • Eliminates certain family‑related and other exemptions in Section 13 of the Fair Labor Standards Act, striking language that previously allowed employers to avoid overtime rules for family members and other categories.
  • Sets phased effective dates: larger employers (over 25 workers) see most changes take effect on Jan 1, 2024, while smaller employers see them on Jan 1, 2027; some exemption removals apply earlier for larger employers (Jan 1, 2021) and later for smaller ones (Jan 1, 2024).
  • Updates related statutes (the FLSA and the Migrant and Seasonal Agricultural Worker Protection Act) to align their definitions and exemptions with the new overtime rules.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Education and Labor.

February 7, 2019

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HouseIntro Referral

Introduced in House

February 7, 2019

HouseIntro Referral

Referred to the House Committee on Education and Labor.

February 7, 2019

Floor Debate

1 member

What members said about H.R. 1080 on the floor

1 Democrat
Jared F. Golden
Rep. Jared F. GoldenD-ME-2 · Apr 29, 2019

Mr. Speaker, I ask unanimous consent that I be removed as a cosponsor of H.R. 1080.

Bill Text

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Introduced in HouseIssued February 7, 2019

I

116th CONGRESS

1st Session

H. R. 1080

IN THE HOUSE OF REPRESENTATIVES

February 7, 2019

Mr. Grijalva (for himself, Ms. DeLauro, Ms. Jayapal, Mr. Cox of California, Ms. Wilson of Florida, Mr. Espaillat, Mr. Swalwell of California, Ms. Brownley of California, Mrs. Torres of California, Mr. Blumenauer, Ms. Roybal-Allard, Mr. Carbajal, Mr. Gallego, Mr. Hastings, Ms. Norton, Mr. Pocan, Mr. Ted Lieu of California, Mr. Scott of Virginia, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend the Fair Labor Standards Act of 1938 to provide increased labor law protections for agricultural workers, and for other purposes.

1.

Short title

This Act may be cited as the Fairness for Farm Workers Act.

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 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)..