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SENATE DOCKET, NO. 1239 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1837
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 laborers.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampdenCarlos González10th Hampden 1 of 5
SENATE DOCKET, NO. 1239 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1837
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1837) of Adam Gomez and Carlos
González for legislation to establish fairness for agricultural laborers. Revenue.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing fairness for agricultural laborers.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 6 of chapter 62 of the General Laws is hereby amended by inserting
2after subsection (z) the following new subsection: --
3 A taxpayer who employs persons engaged in agricultural and farm work, including
4seasonal agricultural and farm work, as defined in section 2 of Chapter 151, except when the
5employee is a parent, spouse, child or other member of the employer's immediate family, shall be
6allowed a credit against the tax liability imposed by this chapter as follows: the amount of the
7credit shall equal the herein specified percentage of the hourly wages paid for agricultural and
8farm work that exceeds the employee’s regular hourly rate as overtime wages pursuant to section
91A of said Chapter 151. For taxpayers who employ persons engaged in year-round agricultural
10and farm work, as defined in section 2 of Chapter 151, the credit shall be up to 30% of the hourly
11wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
12overtime wages paid; for taxpayers who employ persons engaged in seasonal agricultural and
13farm work, as defined in section 2 of Chapter 151, the credit shall be up to 50% of the hourly 2 of 5
14wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
15overtime wages paid.
16 SECTION 2. Chapter 63 of the General Laws is hereby amended by adding the
17following new section:--
18 A taxpayer who employs persons engaged in agricultural and farm work, including
19seasonal agricultural and farm work, as defined in section 2 of Chapter 151, except when the
20employee is a parent, spouse, child or other member of the employer's immediate family, shall be
21allowed a credit against the tax liability imposed by this chapter as follows: the amount of the
22credit shall equal the herein specified percentage of the hourly wages paid for agricultural and
23farm work that exceeds the employee’s regular hourly rate as overtime wages pursuant to section
241A of said Chapter 151. For taxpayers who employ persons engaged in year-round agricultural
25and farm work, as defined in section 2 of Chapter 151, the credit shall be up to 30% of the hourly
26wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
27overtime wages paid; for taxpayers who employ persons engaged in seasonal agricultural and
28farm work, as defined in section 2 of Chapter 151, the credit shall be up to 50% of the hourly
29wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
30overtime wages paid.
31 SECTION 3. Chapter 136 of the General Laws is hereby amended by adding the
32following new section:
33 Section 17 (a) Every person employed in agricultural and farm work, as defined in
34section 2 of chapter 151, who is not the parent, child, spouse, or other member of the employer’s
35immediate family, shall be entitled to accrue paid time off at the rate of 1 hour for every 40 hours 3 of 5
36worked, up to a maximum of 55 hours per benefit year. A benefit year shall be defined as a
37calendar year.
38 (b) Agricultural employees shall begin accruing earned paid time off commencing on the
39date of hire of the employee or the date this law becomes effective, whichever is later, but
40employees shall not be entitled to use accrued paid time off until the 45th calendar day following
41commencement of their employment. On or after this 45-day waiting period, employees may use
42earned time off as it accrues. Any seasonal agricultural employee, as defined in section 2 of
43Chapter 151, returning to the same employer as the previous harvest season shall be assumed to
44be continuing employee for the subsequent benefit year and will not be subjected to the 45-day
45waiting period.
46 (c) At the beginning of every benefit year, January 1, all accrued paid time off for
47agricultural workers, including seasonal agricultural employees as defined in section 2 of
48Chapter 151, will be reset to zero hours, regardless of whether the accrued paid time off has been
49exhausted.
50 (d) All accrued paid time off taken by an agricultural employees shall be compensated at
51the normal rate of pay during the period the accrued time off is taken.
52 (e) Agricultural employees shall be allowed to take accrued paid time off for any reason,
53as long as the employee has the available time requested, except for sick time regulated by
54section 148C of chapter 149.
55 (f) Agricultural employees shall not be retaliated against, disciplined, or terminated for
56using any of their available accrued paid time off. 4 of 5
57 (g) Nothing in this section shall be construed to discourage or prohibit an employer from
58allowing the accrual of earned paid time off at a faster rate, or the use of earned paid time off at
59an earlier date, than this section requires.
60 (h) The Department of Labor Standards shall promulgate regulations governing the
61accrual, use and payment for the worker time off required under this section.
62 SECTION 4. Section 1A of chapter 151 of the General Laws is hereby amended by
63inserting at the end of the first sentence, after the word “employed”, the following provision:
64 ; provided, however, that with respect to employers employing employees engaged in
65seasonal agricultural and farm work as defined in section 2, no employer in the commonwealth
66shall employ any such employee for a work week longer than 55 hours unless such employee
67receives compensation for his employment in excess of 55 hours at a rate not less than one and
68one-half times the regular rate at which he is employed.
69 SECTION 5. Said section 1A of said chapter 151 is hereby further amended by striking
70out clause 19.
71 SECTION 6. Section 2 of said chapter 151 is hereby amended by striking out, in the
72definition of ‘Occupation,’ after the words “professional service”, the words “agricultural and
73farm work,”.
74 SECTION 7. Said section 2 of said chapter 151 is hereby further amended by adding the
75following definition:
76 “Seasonal”, when modifying “agricultural and farm work” as used in this chapter, means
77labor performed during a period of an agricultural business's operation of growing and harvesting 5 of 5
78(a) lasting not more than 235 consecutive days that include the months of June, July, and August,
79or (b) beginning not earlier than the first day of August nor later than the first day of September
80and lasting not more than 100 continuous days.
81 SECTION 8. Section 2A of said chapter 151 is hereby amended by striking out, in the
82second sentence the word “$8.00” and replacing it with the following words:-- the minimum
83wage set forth in section 1 of this chapter.
84 SECTION 9. Chapter 149 of the General Laws is hereby amended by adding the
85following new section:
86 Section 204. Every person employed in agricultural and farm work as defined in section 2
87of chapter 151 shall be allotted two paid 15-minute breaks if laboring 8 hours or more during any
88given workday: one break before and one break after the meal break required by section 100.