BOSTON — Massachusetts farmworkers and advocates continue to wait for a bill addressing the issues of low wages and the lack of an overtime pay system to emerge from committee and be acted on at the Statehouse.
The Fairness for Farmworkers Act (S.1205/H.1979) currently sits with the Legislature’s Committee on Labor and Workforce Development, awaiting a report before the May 13 deadline.
Under the current law, farmworkers can be paid a sub-minimum wage of $8 per hour. This contrasts with the state’s minimum wage, which has grown from $11 per hour in 2019 to $13.50 in 2021 and is set to increase to $15 per hour next year.
The law also doesn’t provide overtime pay for farmworkers, who often work for nearly 10 hours a day or more.
“Given Massachusetts’ stance as a state that likes to promote workers’ rights and being on the forefront of progressive issues, now is the time for the state to provide equity and dignity to these workers who do so much for everybody,” said Claudia Quintero, a staff attorney for the Central West Justice Center. “As a state, we are falling behind other progressive states who have already passed similar legislation.”
New York, Ohio, South Dakota, Washington, Colorado and California are the few states that have passed bills to include farmworkers under their minimum wage umbrella.
The proposed Massachusetts bill seeks to include farmworkers in the state’s minimum wage category. It also requires overtime pay after working more than 55 hours a week for seasonal farmworkers and 40 hours for those who work all year long.
State Rep. Lindsay Sabadosa, D-Northampton, said some portions of the legislation are acceptable, but that some might need more work. Legislators support abolishing the $8 sub-minimum wage, but overtime pay is still under deliberation.
“I think there is a lack of consensus on what would qualify as overtime. Different states have taken different approaches,” Sabadosa said. “But there are active conversations amongst the committee, the farmworkers and farm owners, and the various groups representing them about what is the right way forward for Massachusetts.”
Alfonso Neal, executive director at Pioneer Valley Workers Center, which part of the coalition pushing for the bill, confirmed that agreeing on overtime has been “the biggest challenge.”
“It’s a very tricky situation. Trying to get everyone together at the table to discuss the need for overtime, but then also, listen to the needs of medium- to small-size farm owners about the impact of paying overtime,” Neal said.
Small farm owners already have their hands full with a proposed income surtax. The additional 4% surtax will apply to personal income above $1 million. Though most farmers don’t earn that, if they sell their land, the tax would most likely apply to the sale and take away a significant chunk.
Massachusetts lawmakers and advocates of the bill will look to take a page out of Oregon’s book as the state recently passed similar legislation after finding a middle ground.
According to the law, Oregon farmworkers will be eligible for overtime pay after 55 hours a week in 2023. But, the threshold will incrementally drop to 40 hours by 2040. Tax credits have also been given to Oregon farm owners based on the number of people they employ and the overtime they pay.
With the bill, Massachusetts will also look to reconcile with a workforce that includes a majority that are immigrants or people of color.
“It is an important aspect of it,” Sabadosa said. “If we are going to talk about breaking the cycle of racism and addressing the wealth gap, then this bill does have a role to play in that.”
