S. 2253Senate118th Congress (2023-2025)In Committee

Fairness for Farm Workers Act

Introduced July 12, 2023

AI-Generated Summary

Updated January 20, 2026 at 9:49 AM UTC

The Fairness for Farm Workers Act amends the Fair Labor Standards Act to extend overtime and other labor protections to agricultural workers. It sets phased limits on weekly work hours and requires overtime pay, with different timelines for employers with more than 25 employees versus smaller farms. The bill also removes several family‑related exemptions and updates related definitions in other farm‑worker statutes.

Key Provisions

  • Adds overtime eligibility for farm workers, gradually lowering the maximum workweek from 55 hours in 2024 to 40 hours by 2027 for larger employers, with a later schedule for employers with 25 or fewer employees (starting 2027 and ending 2030).
  • Requires overtime pay at one‑and‑a‑half times the regular rate for any hours worked beyond the specified weekly limit.
  • Eliminates certain family‑relationship exemptions and other specific exemptions for agricultural workers under the Fair Labor Standards Act.
  • Sets phased effective dates: larger employers see changes begin in 2024‑2027, while smaller employers see changes begin in 2027‑2030.
  • Updates related language in the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act to reflect the new 500‑man‑day threshold for exemptions.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2362-2363)

July 12, 2023

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SenateIntro Referral

Introduced in Senate

July 12, 2023

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2362-2363)

July 12, 2023

Floor Debate

7 members

What members said about S. 2253 on the floor

3 Republicans4 Democrats
John Barrasso
Sen. John BarrassoR-WY · Jul 12, 2023

Madam President, it is a privilege to be here today, joined by my colleague from Wyoming, Senator Cynthia Lummis, and my colleague from Delaware, the chairman of the Committee on Environment and…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Jul 12, 2023

Madam President, folks that are back in Delaware are probably wondering as they are watching on C-SPAN, What is our Senator doing there giving a floor speech and talking about a woman from Wyoming?…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 12, 2023

Madam President, I rise today to introduce the Fire Safe Electrical Corridors Act of 2023 and thank my colleague Senator Padilla for joining as an original cosponsor. Our bill would allow the U.S.…

Alex Padilla
Sen. Alex PadillaD-CA · Jul 12, 2023

Madam President, I rise to speak in support of the Fairness for Farmworkers Act, which I am reintroducing today. Farmworkers feed our Nation. This is especially true in California, the agricultural…

Alex Padilla
Sen. Alex PadillaD-CA · Jul 12, 2023

Madam President, I rise to speak in support of the Fairness for Farmworkers Act, which I am reintroducing today. Farmworkers feed our Nation. This is especially true in California, the agricultural…

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Cynthia M. Lummis
Sen. Cynthia M. LummisR-WY · Jul 12, 2023

Madam President, it is my real honor today to join Senator Barrasso of Wyoming and Senator Carper of Delaware in support of legislation to rename the Shoshoni, WY, Post Office the Dessie A. Bebout…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 12, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Mitch McConnell
Sen. Mitch McConnellR-KY · Jul 12, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued July 12, 2023

II

118th CONGRESS

1st Session

S. 2253

IN THE SENATE OF THE UNITED STATES

July 12, 2023

Mr. Padilla (for himself, Mrs. Feinstein, Ms. Warren, Mr. Blumenthal, Mr. Booker, Mr. Sanders, Ms. Cortez Masto, Mr. Wyden, Mr. Van Hollen, Ms. Klobuchar, Mr. Brown, Mr. Markey, and Mr. Menendez) 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.

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, 2024, 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, 2024, fifty-five hours in any workweek.

(ii)

Beginning on January 1, 2025, fifty hours in any workweek.

(iii)

Beginning on January 1, 2026, forty-five hours in any workweek.

(iv)

Beginning on January 1, 2027, 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, 2027; 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, 2027.

(II)

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

(III)

The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2029.

(IV)

The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2030.

; 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, 2027; and

(B)

with respect to an employer that employs 25 or fewer employees, on January 1, 2030; and

(2)

subsection (b)(2) 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.

(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)..