S. 5304Senate119th Congress (2025-2027)In Committee

Fairness for Farm Workers Act

Introduced August 6, 2026

AI-Generated Summary

Updated August 13, 2026 at 3:03 AM UTC

The Fairness for Farm Workers Act would change the Fair Labor Standards Act so that farm workers get the same overtime protections as other workers. It sets a schedule that gradually lowers the weekly hour limit before overtime must be paid, and it removes several long‑standing exemptions that kept many agricultural employees from receiving overtime pay. The rules apply differently to larger farms (more than 25 employees) and very small farms (25 or fewer employees).

Key Provisions

  • Starting Jan 1 2027, farm workers on larger farms must be paid overtime (1.5 × regular pay) for any work beyond 55 hours per week; the limit drops to 50 hours in 2028, 45 hours in 2029, and 40 hours in 2030. Small farms (≤25 employees) follow the same schedule but start three years later, reaching the 40‑hour limit in 2033.
  • Certain family‑member exemptions are narrowed so that only immediate family (parent, spouse, child, or other close relative) can be excluded from overtime rules.
  • Several existing exemptions for agricultural work (paragraphs 12‑16 and subsections h‑j of the FLSA) are repealed, expanding overtime coverage.
  • The new rules take effect on Jan 1 2030 for larger farms and Jan 1 2033 for small farms; some exemption removals apply earlier (2027 for large farms, 2030 for small farms).
  • Related statutes (the FLSA definition of the 500‑man‑day exemption and the Migrant and Seasonal Agricultural Worker Protection Act) are updated to match the new overtime and exemption rules.

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 S4519-4520)

August 6, 2026

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SenateIntro Referral

Introduced in Senate

August 6, 2026

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S4519-4520)

August 6, 2026

Floor Debate

3 members

What members said about S. 5304 on the floor

3 Democrats
Alex Padilla
Sen. Alex PadillaD-CA · Aug 6, 2026

Mr. President, I rise to speak in support of the Voice for Farm Workers Act, which I introduced today. Our Nation's farmworkers are the backbone of the U.S. food supply chain. In the 2008 farm bill,…

Jack Reed
Sen. Jack ReedD-RI · Aug 6, 2026

Mr. President, today, I am joined by Senators Van Hollen, Kim, Alsobrooks, and Blunt Rochester in introducing the Insider Trading Prohibition Act, a bill that will finally define the offense of…

Alex Padilla
Sen. Alex PadillaD-CA · Aug 6, 2026

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

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Aug 6, 2026

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

Bill Text

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Introduced in SenateIssued August 6, 2026

II

119th CONGRESS

2d Session

S. 5304

IN THE SENATE OF THE UNITED STATES

August 6, 2026

Mr. Padilla (for himself, Mr. Sanders, Mr. Van Hollen, Mr. Blumenthal, Ms. Cortez Masto, Ms. Warren, Mr. Schiff, Mr. Markey, Mr. Booker, Mr. Wyden, Mr. Gallego, Ms. Alsobrooks, Ms. Rosen, and Mr. Luján) 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, 2027, 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, 2027, fifty-five hours in any workweek.

(ii)

Beginning on January 1, 2028, fifty hours in any workweek.

(iii)

Beginning on January 1, 2029, forty-five hours in any workweek.

(iv)

Beginning on January 1, 2030, 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, 2030; 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, 2030.

(II)

The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2031.

(III)

The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2032.

(IV)

The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2033.

; 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, 2030; and

(B)

with respect to an employer that employs 25 or fewer employees, on January 1, 2033; and

(2)

subsection (b)(2) 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.

(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)..