Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1837 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1239 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1837
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing fairness for agricultural laborers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenCarlos González10th Hampden 1 of 5
16	16	SENATE DOCKET, NO. 1239 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1837
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1837) of Adam Gomez and Carlos
19	19	González for legislation to establish fairness for agricultural laborers. Revenue.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act establishing fairness for agricultural laborers.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 6 of chapter 62 of the General Laws is hereby amended by inserting
29	29	2after subsection (z) the following new subsection: --
30	30	3 A taxpayer who employs persons engaged in agricultural and farm work, including
31	31	4seasonal agricultural and farm work, as defined in section 2 of Chapter 151, except when the
32	32	5employee is a parent, spouse, child or other member of the employer's immediate family, shall be
33	33	6allowed a credit against the tax liability imposed by this chapter as follows: the amount of the
34	34	7credit shall equal the herein specified percentage of the hourly wages paid for agricultural and
35	35	8farm work that exceeds the employee’s regular hourly rate as overtime wages pursuant to section
36	36	91A of said Chapter 151. For taxpayers who employ persons engaged in year-round agricultural
37	37	10and farm work, as defined in section 2 of Chapter 151, the credit shall be up to 30% of the hourly
38	38	11wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
39	39	12overtime wages paid; for taxpayers who employ persons engaged in seasonal agricultural and
40	40	13farm work, as defined in section 2 of Chapter 151, the credit shall be up to 50% of the hourly 2 of 5
41	41	14wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
42	42	15overtime wages paid.
43	43	16 SECTION 2. Chapter 63 of the General Laws is hereby amended by adding the
44	44	17following new section:--
45	45	18 A taxpayer who employs persons engaged in agricultural and farm work, including
46	46	19seasonal agricultural and farm work, as defined in section 2 of Chapter 151, except when the
47	47	20employee is a parent, spouse, child or other member of the employer's immediate family, shall be
48	48	21allowed a credit against the tax liability imposed by this chapter as follows: the amount of the
49	49	22credit shall equal the herein specified percentage of the hourly wages paid for agricultural and
50	50	23farm work that exceeds the employee’s regular hourly rate as overtime wages pursuant to section
51	51	241A of said Chapter 151. For taxpayers who employ persons engaged in year-round agricultural
52	52	25and farm work, as defined in section 2 of Chapter 151, the credit shall be up to 30% of the hourly
53	53	26wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
54	54	27overtime wages paid; for taxpayers who employ persons engaged in seasonal agricultural and
55	55	28farm work, as defined in section 2 of Chapter 151, the credit shall be up to 50% of the hourly
56	56	29wages paid for agricultural and farm work that exceeds the employee’s hourly rate of pay as
57	57	30overtime wages paid.
58	58	31 SECTION 3. Chapter 136 of the General Laws is hereby amended by adding the
59	59	32following new section:
60	60	33 Section 17 (a) Every person employed in agricultural and farm work, as defined in
61	61	34section 2 of chapter 151, who is not the parent, child, spouse, or other member of the employer’s
62	62	35immediate family, shall be entitled to accrue paid time off at the rate of 1 hour for every 40 hours 3 of 5
63	63	36worked, up to a maximum of 55 hours per benefit year. A benefit year shall be defined as a
64	64	37calendar year.
65	65	38 (b) Agricultural employees shall begin accruing earned paid time off commencing on the
66	66	39date of hire of the employee or the date this law becomes effective, whichever is later, but
67	67	40employees shall not be entitled to use accrued paid time off until the 45th calendar day following
68	68	41commencement of their employment. On or after this 45-day waiting period, employees may use
69	69	42earned time off as it accrues. Any seasonal agricultural employee, as defined in section 2 of
70	70	43Chapter 151, returning to the same employer as the previous harvest season shall be assumed to
71	71	44be continuing employee for the subsequent benefit year and will not be subjected to the 45-day
72	72	45waiting period.
73	73	46 (c) At the beginning of every benefit year, January 1, all accrued paid time off for
74	74	47agricultural workers, including seasonal agricultural employees as defined in section 2 of
75	75	48Chapter 151, will be reset to zero hours, regardless of whether the accrued paid time off has been
76	76	49exhausted.
77	77	50 (d) All accrued paid time off taken by an agricultural employees shall be compensated at
78	78	51the normal rate of pay during the period the accrued time off is taken.
79	79	52 (e) Agricultural employees shall be allowed to take accrued paid time off for any reason,
80	80	53as long as the employee has the available time requested, except for sick time regulated by
81	81	54section 148C of chapter 149.
82	82	55 (f) Agricultural employees shall not be retaliated against, disciplined, or terminated for
83	83	56using any of their available accrued paid time off. 4 of 5
84	84	57 (g) Nothing in this section shall be construed to discourage or prohibit an employer from
85	85	58allowing the accrual of earned paid time off at a faster rate, or the use of earned paid time off at
86	86	59an earlier date, than this section requires.
87	87	60 (h) The Department of Labor Standards shall promulgate regulations governing the
88	88	61accrual, use and payment for the worker time off required under this section.
89	89	62 SECTION 4. Section 1A of chapter 151 of the General Laws is hereby amended by
90	90	63inserting at the end of the first sentence, after the word “employed”, the following provision:
91	91	64 ; provided, however, that with respect to employers employing employees engaged in
92	92	65seasonal agricultural and farm work as defined in section 2, no employer in the commonwealth
93	93	66shall employ any such employee for a work week longer than 55 hours unless such employee
94	94	67receives compensation for his employment in excess of 55 hours at a rate not less than one and
95	95	68one-half times the regular rate at which he is employed.
96	96	69 SECTION 5. Said section 1A of said chapter 151 is hereby further amended by striking
97	97	70out clause 19.
98	98	71 SECTION 6. Section 2 of said chapter 151 is hereby amended by striking out, in the
99	99	72definition of ‘Occupation,’ after the words “professional service”, the words “agricultural and
100	100	73farm work,”.
101	101	74 SECTION 7. Said section 2 of said chapter 151 is hereby further amended by adding the
102	102	75following definition:
103	103	76 “Seasonal”, when modifying “agricultural and farm work” as used in this chapter, means
104	104	77labor performed during a period of an agricultural business's operation of growing and harvesting 5 of 5
105	105	78(a) lasting not more than 235 consecutive days that include the months of June, July, and August,
106	106	79or (b) beginning not earlier than the first day of August nor later than the first day of September
107	107	80and lasting not more than 100 continuous days.
108	108	81 SECTION 8. Section 2A of said chapter 151 is hereby amended by striking out, in the
109	109	82second sentence the word “$8.00” and replacing it with the following words:-- the minimum
110	110	83wage set forth in section 1 of this chapter.
111	111	84 SECTION 9. Chapter 149 of the General Laws is hereby amended by adding the
112	112	85following new section:
113	113	86 Section 204. Every person employed in agricultural and farm work as defined in section 2
114	114	87of chapter 151 shall be allotted two paid 15-minute breaks if laboring 8 hours or more during any
115	115	88given workday: one break before and one break after the meal break required by section 100.