This bill has a House version filed by Representative Gonzalez, H.1979.

Currently, more than 13,000 farmworkers are employed on farms across the state and the annual market value of agricultural products in Massachusetts is $475 million.

Though some farmworkers are considered seasonal H-2A visa holders, the majority of Massachusetts farmworkers are year-round residents.

During the growing season, farmworkers in Massachusetts typically work up to 11 hours a day, six days a week. Federal law mandates farmworkers receive minimum wage of only $7.25/hour and do not give them the ability to earn overtime pay. Massachusetts has only set the minimum agricultural wage slightly higher than the federal requirement at $8/hour which is 40% below the Massachusetts minimum wage of $13.50 guaranteed by law to most workers in the state.

Farmworkers in Massachusetts also have limited access to healthcare despite the fact that on average they are providing for a 3-person household which tends to include extended adult family members living below the poverty level.

COVID-19 has only exacerbated the longstanding vulnerabilities of the farmworker community.

This legislation would ensure farmworkers in the state receive the same wage protections as other essential workers and would abolish the sub-minimum wage that they earn. It would also extend wage equity to all formwork’s, including those who don’t work alongside H-2A workers.

This bill would also provide seasonal farmworkers with pay at time-and-a-half for all hours over 55 worked in a week. It would also provide farmworkers employed year round in the agricultural field with pay at time-and-a-half for all hours over 40 worked in a week.