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S. 5304·119th Congress·Introduced Aug 6, 2026

Fairness for Farm Workers Act

IntroducedLabor and EmploymentMajor
View bill text
Sponsor
Sen. Padilla, Alex [D-CA]
Committees
Health, Education, Labor, and Pensions Committee (primary)
Last action
Aug 6, 2026

Bottom line

The bill aims to provide agricultural workers with the same fundamental labor protections, including overtime and minimum wage, as most other American workers, by gradually eliminating historical exemptions, though this will significantly increase labor costs for agricultural businesses.

What it actually does

This bill amends the Fair Labor Standards Act of 1938 to extend overtime pay requirements to agricultural workers, phasing in a 40-hour workweek for overtime eligibility over several years. It also repeals various existing exemptions that exclude agricultural workers from minimum wage and overtime protections, with different implementation timelines for larger and smaller employers.

Proponents argue

Proponents argue that this bill rectifies a long-standing historical injustice by extending basic labor rights to agricultural workers, who have been systematically excluded from federal protections. They contend it will ensure fair compensation, improve working conditions, and raise the standard of living for a vital, yet often exploited, workforce, aligning agricultural labor with modern labor standards.

Opponents contend

Opponents contend that these new labor requirements will impose significant financial burdens on agricultural producers, leading to increased operational costs, potential job losses, and higher food prices for consumers. They argue that the unique, seasonal, and weather-dependent nature of agricultural work makes standard hourly and overtime rules impractical and economically unfeasible for many farms.

The bill is concise and can be read quickly, allowing for a thorough understanding of its provisions within a short timeframe.

Section 2(a)

Phased-in Overtime Requirements for Agricultural Workers

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This provision amends Section 7 of the FLSA to introduce overtime pay for agricultural employees. 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) begin this phase-in on January 1, 2030, reaching 40 hours per week by January 1, 2033.

GroupImpactMechanismScale
GroupAgricultural workersImpactPositive (increased wages for overtime hours)MechanismLegal requirement for employers to pay 1.5x regular rate for hours exceeding specified thresholds.ScaleAffects all agricultural workers currently exempt from overtime.
GroupAgricultural employers (large and small)ImpactNegative (increased labor costs)MechanismRequirement to pay overtime wages.ScaleSignificant impact on labor budgets, especially for operations relying on long hours.

Supporters argue

Supporters argue this provision rectifies a historical injustice, providing farm workers with the same basic labor protections as most other American workers. It promotes fair compensation and improves living standards for a historically marginalized workforce.

Critics contend

Opponents contend that these new overtime requirements will significantly increase operational costs for farms, potentially leading to reduced employment, automation, or higher food prices. They argue that the unique nature of agricultural work, with its seasonal demands and weather dependency, makes standard overtime rules impractical.

Tradeoffs

The provision balances the goal of fair labor practices for agricultural workers against concerns about increased costs and operational challenges for agricultural businesses, particularly smaller farms.

Section 2(a)(2)

Repeal of General Overtime Exemption for Agriculture

mentioned in summarystraightforward

This section repeals subsection (m) of Section 7 of the FLSA, which currently provides a general exemption from overtime pay requirements for employees engaged in agriculture. This repeal is a direct consequence of the new phased-in overtime requirements established in Section 2(a)(1).

Section 2(b)

Elimination of Specific Agricultural Exemptions

prominently featuredmoderately complex

This section removes several specific exemptions from the FLSA that currently apply to agricultural work. These include exemptions for employees engaged in agriculture if they are the parent, spouse, or child of the employer (now limited to immediate family), and repeals paragraphs (12) through (16) of subsection (b) which cover specific seasonal, irrigation, and livestock-related agricultural activities. It also strikes subsections (h) through (j) which relate to certain processing and handling exemptions.

Section 2(c) and (d)

Staggered Effective Dates and Conforming Amendments

mentioned in summarymoderately complex

This section establishes the effective dates for the various amendments, differentiating between employers with more than 25 employees and those with 25 or fewer. For larger employers, most changes take effect January 1, 2027, or January 1, 2030. For smaller employers, these effective dates are delayed by three years (January 1, 2030, or January 1, 2033). It also includes conforming amendments to the FLSA and the Migrant and Seasonal Agricultural Worker Protection Act to update references to the repealed exemptions.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
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  • Implementation
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