SENATE DOCKET, NO. 1895        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1205

The Commonwealth of Massachusetts

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PRESENTED BY:

Adam Gomez

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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 establishing fairness for agricultural workers.

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PETITION OF:

SENATE DOCKET, NO. 1895        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1205

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act establishing fairness for agricultural workers.

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. Chapter 136 of the General Laws is hereby amended by adding the following new section: Section 17. Every person employed in seasonal agricultural and farm work as defined in section 2 of chapter 151 who is not the parent, child, spouse or other member of the employer’s immediate family shall be allowed at least 24 consecutive hours of rest in each calendar week. Twenty-four consecutive hours spent at rest due to circumstances such as inclement weather or unfavorable crop conditions shall be deemed to constitute the rest required by this section. No provision of this section shall prohibit an employee engaged in seasonal agricultural and farm work from voluntarily agreeing to work on such day of rest required by this paragraph, provided that the work is compensated at a rate which is at least one and one-half times the laborer's regular rate of pay for all hours worked on such day of rest.

SECTION 2. Section 1A of chapter 151 of the General Laws is hereby amended by inserting at the end of the first sentence, after the word “employed”, the following provision:

; provided, however, that with respect to employers employing employees engaged in seasonal agricultural and farm work as defined in section 2, no employer in the commonwealth shall employ any such employee for a work week longer than 55 hours unless such employee receives compensation for his employment in excess of 55 hours at a rate not less than one and one-half times the regular rate at which he is employed.

SECTION 3. Said section 1A of said chapter 151 is hereby further amended by striking out clause 19.

SECTION 4. Section 2 of said chapter 151 is hereby amended by striking out, in the first sentence of the definition of ‘Occupation,’ after the words “professional service”, the words “agricultural and farm work,”.

SECTION 5. Said section 2 of said chapter 151 is hereby further amended by adding the following definition: “Seasonal”, when modifying “agricultural and farm work” as used in this chapter, means labor performed during a period of an agricultural business's operation of growing and harvesting (a) lasting not more than 235 continuous days that includes the months of June, July and August, or (b) beginning not earlier than the first day of August nor later than the first day of September and lasting not more than 100 continuous days.