SENATE DOCKET, NO. 2383 FILED ON: 4/4/2019
SENATE . . . . . . . . . . . . . . No. 2347
|
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Diana DiZoglio
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to overtime pay for agricultural and farm work.
_______________
PETITION OF:
Name: | District/Address: |
Diana DiZoglio | First Essex |
SENATE DOCKET, NO. 2383 FILED ON: 4/4/2019
SENATE . . . . . . . . . . . . . . No. 2347
By Ms. DiZoglio, a petition (accompanied by bill, Senate, No. 2347) (subject to Joint Rule 12) of Diana DiZoglio for legislation relative to overtime pay for agricultural and farm work. Labor and Workforce Development. |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
An Act relative to overtime pay for agricultural and farm work.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure the sustainability of the agricultural industry in the Commonwealth given the recent judicial ruling in Arias-Villano v. Chang and Sons Enterprises, Inc., 481 Mass. 625 (March 15, 2019), therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 2 of Chapter 151 of the General Laws shall be amended:-
Strike the definition of “Agricultural and farm work” from Section 2 of Chapter 151 of the General Laws and replace it with:-
“Agricultural and farm work as defined in Section 1A of Chapter 128 of the General Laws”
SECTION 2. Section 2A of Chapter 151 of the General Laws shall be amended by adding at the end:-
Notwithstanding the preceding paragraph regarding a basic minimum wage for agricultural and farm workers, agricultural and farm workers, as defined in Section 1A of Chapter 128 of the General Laws, shall be exempted from the provisions of Section 1A of Chapter 151 of the General Laws.
SECTION 3. Section 1A, subsection (19) of Chapter 151 of the General Laws shall be amended as follows:-
Strike the words “on a farm” and add to the end of subsection (19) “as per Section 1A of Chapter 128 of the General Laws.”
So that the section shall read:-
“(19) as a laborer engaged in agriculture and farming as per Section 1A of Chapter 128 of the General Laws.”