1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2544
Sponsored by Representative VALDERRAMA (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act creates laws about a labor standards board for agricultural workers. The Act
takes effect when the Governor signs it. (Flesch Readability Score: 67.2).
Establishes the Agricultural Workforce Labor Standards Board.
Prescribes the duties of the board. Directs the board to establish minimum working standards
for agricultural workers.Provides remedies for agricultural workers alleging a violation of the
minimum standards established by the board.
Requires the board to conduct an biennial comprehensive review to determine whether to adopt
new minimum standards or revise existing standards. Directs the board to establish uniform training
requirements for agricultural workers, supervisory and nonsupervisory employees and establish a
process by rule for certifying worker organizations to provide the training to agricultural workers.
Requires the board to submit an annual report to the Governor and the Legislative Assembly
summarizing the results of the comprehensive review and any actions taken by the board in the
prioryear.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Agricultural Workforce Labor Standards Board; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
DEFINITIONS
SECTION 1. Definitions. As used in sections 1 to 11 of this 2025 Act:
(1) “Agricultural worker” means an individual who performs services in agriculture for
an employer in exchange for an agreed remuneration or rate of pay.
(2) “Agriculture” has the meaning given that term in ORS 653.271, including the planting,
pruning and harvesting of Christmas trees.
(3) “Christmas tree” has the meaning given that term in ORS 571.505.
(4) “Employer” has the meaning given that term in ORS 653.010.
(5) “Progressive discipline system” means a disciplinary system under which:
(a) Disciplinary measures involve graduated and proportionate responses to an agricul-
tural worker’s misconduct or failure to meet an employer’s performance standards; and
(b) The severity of the discipline may increase for repeated misconduct.
(6) “Worker organization” means an organization that provides services to low-wage and
immigrant workers, including agricultural workers.
AGRICULTURAL WORKFORCE LABOR STANDARDS BOARD
SECTION 2. Establishment; members; term; vacancies. (1) There is established within the
Bureau of Labor and Industries the Agricultural Workforce Labor Standards Board, the
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2715 HB2544
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
purpose of which is to establish minimum standards for the working conditions of agricul-
tural workers, including but not limited to compensation, work schedules and other working
conditions that are necessary to protect the health and welfare of such workers.
(2) The board shall consist of nine members appointed by the Governor, as follows:
(a) Four members who represent the interests of agricultural workers.
(b) Four members who represent the interests of employers of agricultural workers.
(c) One member of the public with legal knowledge and expertise in health and safety
issues that affect agricultural workers and low-wage workers.
(3) The term of a member of the board is four years and the member may be reappointed
but may not serve for more than two full terms.
(4) Successor board members shall be appointed by the Governor, before the expiration
of the term of a member, but not later than January 1 of each even-numbered year. If a
vacancy occurs for any reason before the expiration of the term of a member, the Governor
shall make an appointment to fill the vacancy, in the same manner as an appointment to a
full term, to become immediately effective for the unexpired term.
(5) The members of the board shall elect from among themselves a chairperson and a
vice chairperson who shall preside over meetings and exercise the functions of the chair-
person during any absence of the chairperson.
(6) The Governor shall appoint an executive director for the board who is responsible for
the performance of duties assigned by the board. The executive director may employ appro-
priate staff to carry out the duties assigned by the board.
SECTION 3. Compensation; meetings. (1) Members of the Agricultural Workforce Labor
Standards Board shall receive such compensation as the board determines is necessary, but
at a minimum, shall be reimbursed on a per diem basis in an amount that is not less than
$151 for the expenses the members incur in the exercise of board duties.
(2) The board shall adopt rules for conducting meetings and any other rules as necessary
for carrying out the duties of the board.
(3) A majority of voting members of the board constitutes a quorum for the transaction
of business.
(4) An affirmative vote by the majority of voting members of the board is necessary for
the board to take any action.
(5) All meetings of the board shall:
(a) Be held as public meetings in accordance with ORS 192.610 to 192.705.
(b) Be held at least once per month rotating throughout this state to ensure that local
considerations of each agricultural area of this state inform the decisions of the board re-
garding minimum standards for the working conditions of agricultural workers.
(c) Provide translation and accessibility services to encourage wider participation of ag-
ricultural workers in the meetings.
DUTIES OF THE BOARD
SECTION 4. Minimum workforce standards. (1) The Agricultural Workforce Labor Stan-
dards Board shall adopt rules establishing minimum standards for agricultural workers that
are designed to ensure the health and welfare of such workers. In adopting rules, the board
shall consult with the Bureau of Labor and Industries, the Department of Consumer and
[2] HB2544
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Business Services, the State Department of Agriculture and any other relevant state agency.
The board may not adopt standards that are less protective of or beneficial to agricultural
workers than any other applicable statute or rule or any standard previously established by
the board.
(2) At a minimum, the standards must:
(a) Set compensation rates for paying agricultural workers, provided that the rates are
not less than the greater of the following, as applicable:
(A) The minimum wage rate established under ORS 653.025.
(B) The minimum wage rate established by the United States Department of Labor for
agricultural workers employed under a temporary or seasonal agricultural worker visa pro-
gram.
(b) Set compensation rates for agricultural workers who perform agricultural labor on a
piece-rate basis, taking into account the geographic area where the labor is performed, the
type of labor performed and the potential need for cost of living adjustments.
(c) Establish requirements for working conditions such as rest breaks, work schedules
and working hours.
(d) Require the provision of training for agricultural workers that is:
(A) In accordance with the training described under section 5 of this 2025 Act; and
(B) Made available to agricultural workers during working hours without the loss of time
orpay.
(e) Establish workplace health and safety requirements specific to agricultural workers
that address the particular concerns of agricultural workers, in addition to applicable health
and safety requirements prescribed by the Oregon Safe Employment Act.
(f) Provide for the provision of paid benefits that may include, but need not be limited
to:
(A) Paid leave;
(B) Retirement benefits;
(C) Hazard pay;
(D) Severance pay;
(E) Disability insurance; and
(F) Workers’ compensation.
(g) Create disciplinary standards and procedures that:
(A) Include a process for handling work-related grievances; and
(B) Provide options for correcting inappropriate workplace behavior under a progressive
discipline system.
(3) Before adopting any rules establishing minimum standards under this section, the
board shall hold at least one public hearing at which members of the public, including agri-
cultural workers, shall have the opportunity to provide input on any matter relating to the
minimum standards being considered by the board.
SECTION 5. Uniform training standards; training certification.(1) In addition to the du-
ties provided under section 4 of this 2025 Act, the Agricultural Workforce Labor Standards
Board shall establish by rule uniform standards for providing training for agricultural
workers, supervisory employees and nonsupervisory employees who are not agricultural
workers. At a minimum, the standards must include a training curriculum that provides the
following information to agricultural workers, supervisory employees and nonsupervisory
[3] HB2544
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
employees:
(a) The applicable minimum standards established by the board under section 4 of this
2025Act.
(b) The rights and remedies afforded to agricultural workers, including the right to be
protected against retaliation and the private right of action for violation of the minimum
standards established by the board.
(c) A description of the duties and obligations of the board under sections 1 to 11 of this
2025 Act.
(d) The contact information of each state agency with enforcement authority over mat-
ters that relate to the same subjects over which the board has authority.
(e) Any other information that the board deems appropriate and necessary to facilitate
compliance with the minimum standards established by the board under section 4 of this 2025
Act.
(2) Employers shall ensure that the training described under this section is provided:
(a) To agricultural workers, supervisory employees and nonsupervisory employees on an
annual basis.
(b) To new hires, before the new hire’s start date.
(c) In a language that the employer typically uses to communicate with the agricultural
workers, supervisory employees and nonsupervisory employees.
(3) The board shall establish by rule a process for a worker organization to become cer-
tified to provide the training described under this section to agricultural workers. At a
minimum, the certification process established by rule must provide:
(a) The criteria that a worker organization must meet to become certified.
(b) Application procedures by which a worker organization may apply to become certified.
(c) Policies and procedures for renewing, terminating or revoking a certification.
(d) Requirements for translation and accessibility services to be made available to agri-
cultural workers who attend a training provided by a worker organization that has been
certified to provide training.
(4) The board shall hold at least one public hearing for public input and deliberation be-
fore the board adopts any rules establishing uniform training standards under this section.
(5) An employer shall keep and maintain records necessary to demonstrate compliance
with this section. An employer must provide records kept and maintained under this section
to the Bureau of Labor and Industries upon request.
SECTION 6. Comprehensive review. At least once every two years, the Agricultural
Workforce Labor Standards Board shall conduct a comprehensive review of the minimum
standards previously adopted by the board under section 4 of this 2025 Act to determine
whether the standards have continuing applicability or whether the board should adopt new
standards or revise the existing standards.
SECTION 7. Reporting. No later than December 1 of each year, the Agricultural
Workforce Labor Standards Board shall prepare and submit a report in the manner provided
in ORS 192.245 to the interim committees of the Legislative Assembly related to business and
labor on the board’s activities and any recommendations for changes. The report must in-
clude, at a minimum:
(1) A statement of findings and conclusions of the comprehensive review required under
section 6 of this 2025 Act, including recommendations for statutory changes.
[4] HB2544
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(2) A copy of the budget documents of the board including statements showing aggregate
data regarding compensation paid and benefits provided to agricultural workers.
(3) A description of the public hearing process used to inform the minimum standards
established by the board under section 4 of this 2025 Act.
(4) A description of the current minimum standards established by the board and re-
commended changes to the standards, along with any supporting documentation for the
proposedchanges.
(5) The number and types of complaints or civil actions filed alleging a violation of any
of the standards established by the board, if any.
(6) A summary of all other actions taken during the prior year in the performance of the
board’s statutory responsibilities that is adequate to allow evaluation of the board’s per-
formance.
BOARD AUTHORITY
SECTION 8. Investigative authority. In order to determine any facts relevant to matters
concerning implementation of and compliance with the minimum standards established by
the Agricultural Workforce Labor Standards Board under section 4 of this 2025 Act, the
board may conduct investigations, issue subpoenas to compel the testimony of any party or
witness and require the production of documents, including any book, record, document,
certificate, writing, article and other information relevant to such matters before the board.
The procedure in such matters shall be informal.
WORKER PROTECTIONS
SECTION 9. Retaliation prohibited. (1) An employer may not terminate, discipline, pe-
nalize, retaliate against or take any other adverse action against an agricultural worker be-
cause the worker has:
(a) Inquired about or exercised any right afforded to an agricultural worker under
sections 1 to 11 of this 2025 Act or under any minimum standards established by the Agri-
cultural Workforce Labor Standards Board under section 4 of this 2025 Act.
(b) Participated in any process or proceeding under or related to sections 1 to 11 of this
2025 Act, or has testified or is about to testify in any such proceeding.
(c) Participated in any training provided by a certified worker organization pursuant to
section 5 of this 2025 Act.
(2) An agricultural worker alleging a violation of this section may file a complaint under
ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries. The compliant
must be filed within one year of the occurrence of the conduct giving rise to the complaint.
SECTION 10.Civil action. (1) An agricultural worker may file a civil action for injunctive
relief or other appropriate equitable relief against any person alleged to have violated a
minimum standard established by the Agricultural Workforce Labor Standards Board under
section 4 of this 2025 Act or to have violated section 9 of this 2025 Act.
(2) In any action under subsection (1) of this section alleging a violation of a minimum
standardestablished by the board under section 4 of this 2025 Act or a violation of section
9 of this 2025 Act, the court may award, in addition to the relief authorized under subsection
[5] HB2544
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
(1) of this section, compensatory damages or $1,000, whichever is greater, including damages
for emotional distress.
SECTION 11. Limits. Nothing in sections 1 to 11 of this 2025 Act is intended to:
(1) Limit the rights of any parties to a collective bargaining agreement.
(2) Diminish the rights or remedies that are otherwise available to an agricultural worker
under federal or state law or regulation, including the right to file a wage claim under ORS
652.310 to 652.414.
MISCELLANEOUS
SECTION 12. The unit and section captions used in this 2025 Act are provided only for
the convenience of the reader and do not become part of the statutory law of this state or
express any legislative intent in the enactment of this 2025 Act.
SECTION 13.This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
[6]