H.R. 3194 – Fairness for Farm Workers Act

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Updated February 8, 2026 at 3:01 AM UTC

The Fairness for Farm Workers Act amends the Fair Labor Standards Act to give farm workers the same overtime protections as other workers. It sets phased‑in weekly hour limits and overtime pay rates, and removes several long‑standing exemptions for agricultural labor. The law applies to both large and small agricultural employers, with later start dates for the smallest firms.

Key Provisions

Adds an overtime requirement for agricultural employees: workweeks over 55 hours (2022) drop to 40 hours (2025) must be paid at 1.5 × regular rate.
Small employers (25 or fewer workers) get the same rules but start later, beginning in 2025 and fully phased in by 2028.
Eliminates family‑relationship exemptions and repeals specific exemption paragraphs in Section 13 of the FLSA, tightening who is covered.
Updates related statutes (FLSA and Migrant and Seasonal Agricultural Worker Protection Act) to reflect a 500‑man‑day threshold for exemptions.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Education and Labor.

Education and Workforce Committee

May 13, 2021

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HouseIntro Referral

Introduced in House

May 13, 2021

HouseIntro Referral

Referred to the House Committee on Education and Labor.

Education and Workforce Committee

May 13, 2021

Bill Text

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Introduced in HouseIssued May 13, 2021

I

117th CONGRESS

1st Session

H. R. 3194

IN THE HOUSE OF REPRESENTATIVES

May 13, 2021

Mr. Grijalva (for himself, Mr. Gallego, Ms. Barragán, Ms. Bass, Mr. Scott of Virginia, Mr. Espaillat, Mr. Cicilline, Ms. Lofgren, Mr. Panetta, Mr. Takano, Mr. García of Illinois, Mr. Castro of Texas, Ms. Brownley, Ms. Jayapal, Mr. Gomez, Mr. Sherman, Mr. Lowenthal, Ms. Norton, Ms. Garcia of Texas, Mr. Pallone, Mr. DeSaulnier, Mr. Carbajal, Ms. Pressley, Mr. McGovern, Mr. Cohen, Mr. Vargas, Ms. Wilson of Florida, Mr. Veasey, Ms. Lee of California, Ms. Chu, Mr. Khanna, Mrs. Hayes, Ms. Roybal-Allard, Mrs. Napolitano, Ms. Schakowsky, Mrs. Torres of California, Mr. Raskin, Mr. Swalwell, Mr. Blumenauer, Ms. Velázquez, Mr. Cárdenas, Mr. Huffman, Mr. Neguse, Mr. Soto, Mr. Pocan, Ms. Sánchez, Mr. San Nicolas, Ms. Eshoo, Ms. Jackson Lee, Mr. Correa, Mr. Johnson of Georgia, Mr. Lieu, Ms. Escobar, Ms. Tlaib, and Ms. Ocasio-Cortez) 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, 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 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, 2022, fifty-five hours in any workweek.

(ii)

Beginning on January 1, 2023, fifty hours in any workweek.

(iii)

Beginning on January 1, 2024, forty-five hours in any workweek.

(iv)

Beginning on January 1, 2025, 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, 2025; 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, 2025.

(II)

The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2026.

(III)

The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2027.

(IV)

The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2028.

; 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, 2025; and

(B)

with respect to an employer that employs 25 or fewer employees, on January 1, 2028; and

(2)

subsection (b)(2) shall take effect—

(A)

with respect to an employer that employs more than 25 employees, on January 1, 2022; and

(B)

with respect to an employer that employs 25 or fewer employees, on January 1, 2025.

(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)..