Oregon House and Senate pass farmworkers overtime bill

File photo, Oregon State Capitol

The following is a press release from Oregon Senate Democrats.

SALEM, Ore. – Today, the Senate approved House Bill 4002 on a vote of 17 to 10. This legislation establishes overtime pay requirements for agricultural workers in Oregon after 40 hours per week. These requirements will be phased-in over a five-year period.

Farmworkers have long been excluded from requirements for overtime compensation. When the Fair Labor Standards Act was passed in 1938 it excluded agricultural workers, and still today, agricultural workers remain exempt from both state and federal overtime protections.

“Oregon’s agricultural workers should not be excluded from the same protections afforded to other Oregon workers,” said Senator Kathleen Taylor (D-Portland), Chair of the Senate Committee on Labor and Business, Co-Chief Sponsor of House Bill 4002, who carried the bill on the Senate floor. “We depend on farmworkers to keep food on our tables and keep our families fed. We have a responsibility to ensure farmworkers in Oregon are paid fairly for their skilled and essential labor.”

House Bill 4002 establishes maximum hour and overtime compensation requirements for agricultural workers. Farmworker overtime phase-in begins with 55-hours per week for calendar years 2023-24, moving down to 48 hours per week for calendar years 2025-26 and then 40 hours per week beginning in 2027.

“Oregon’s 86,000 farm workers are parents, daughters, sons, neighbors and valued community members,” said Senator Kayse Jama (D-Portland), Co-Chief Sponsor of House Bill 4002, who spoke in support of the bill on the Senate floor. “Even on the hardest days, farmworkers risk their health and wellbeing to show up for work, keep Oregon’s farms running and put food on our tables.

House Bill 4002 is a historic step toward improving health and safety, and the overall quality of life for farmworkers.” House Bill 4002 also creates a refundable tax credit to provide economic support to employers when they provide overtime pay for agricultural workers. The tax credit is structured to support smaller farms.

House Bill 4002 now goes to the Governor for her signature.