Fairness for Farm Workers Act
- Sponsor
- Rep. Grijalva, Adelita S. [D-AZ-7]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Sep 3, 2026
Bottom line
This bill seeks to equalize labor protections for agricultural workers with those in most other industries by phasing in overtime pay and eliminating long-standing exemptions under federal law.
What it actually does
This bill amends the Fair Labor Standards Act of 1938 (FLSA) to extend overtime pay requirements and remove several long-standing exemptions for agricultural workers. It phases in overtime protections over several years, with a longer timeline for smaller employers (25 or fewer employees). It also narrows the exemption for family members of employers and eliminates exemptions for certain hand harvest laborers and specific agricultural processing activities.
Proponents argue
Supporters argue that agricultural workers, who often perform physically demanding labor in challenging conditions, have historically been excluded from basic labor protections enjoyed by most other workers. This bill addresses a historical injustice, improves working conditions, and ensures fair compensation, potentially leading to better health outcomes and economic stability for farmworkers and their families. They may also argue it helps modernize the agricultural sector by promoting fair labor practices.
Opponents contend
Opponents contend that these changes would significantly increase labor costs for agricultural businesses, particularly small family farms, making them less competitive and potentially leading to higher food prices for consumers. They might argue that the unique seasonal and perishable nature of agricultural work makes standard overtime rules impractical and that the phased implementation, while attempting to mitigate impact, still places an undue burden on an already tight-margin industry.
The bill is short and relatively straightforward, allowing for a thorough understanding within a reasonable timeframe.
Section 2(a) amending Section 7 of FLSA
Phased-in Overtime Pay for Agricultural Workers
This provision introduces overtime pay requirements for agricultural workers, which were previously largely exempt. Starting January 1, 2027, employers with more than 25 employees must pay overtime for hours worked over 55 per week, gradually reducing to 40 hours by January 1, 2030. Smaller employers (25 or fewer employees) have a delayed start, beginning overtime at 55 hours per week on January 1, 2030, and reaching 40 hours by January 1, 2033.
Supporters argue
Supporters argue this provision rectifies a historical inequity, providing farmworkers with the same basic labor protections as most other American workers. It acknowledges the demanding nature of agricultural labor and ensures fair compensation, which can improve living standards and reduce poverty among this vulnerable workforce.
Critics contend
Opponents contend that this provision will drastically increase operational costs for farms, especially those relying on extended hours during planting and harvest seasons. They argue it could force farms to reduce hours, mechanize more rapidly, or even go out of business, leading to job losses or higher food prices.
Tradeoffs
The bill balances the goal of fair labor practices for farmworkers against the potential economic impact on agricultural businesses and food prices. The phased implementation and different timelines for small employers attempt to mitigate immediate economic shock.
Section 2(b) amending Section 13 of FLSA
Eliminating Various Agricultural Labor Exemptions
This provision removes several long-standing exemptions from FLSA's minimum wage and overtime requirements for agricultural workers. Specifically, it narrows the "immediate family" exemption to only parents, spouses, or children of the employer, repeals exemptions for certain hand harvest laborers, employees engaged in livestock auction operations, and employees involved in the processing of agricultural commodities. It also strikes subsections (h) through (j) which contained other agricultural exemptions.
Section 2(c) and 2(d)
Staggered Effective Dates and Related Statutory Adjustments
This section specifies the effective dates for the various amendments, differentiating between employers with more than 25 employees and those with 25 or fewer. For larger employers, some changes take effect January 1, 2027, and others January 1, 2030. For smaller employers, the changes are delayed, taking effect January 1, 2030, and January 1, 2033, respectively. It also includes conforming amendments to the FLSA and the Migrant and Seasonal Agricultural Worker Protection Act, updating references to the now-repealed "man-days" exemption.