November 30, 2023
Central West Justice Center Advocates for Fairness for Farmworkers Act
BY Central West Justice Center
The Central West Justice Center (CWJC) is leading a coalition advocating for equity and fairness in the wages paid to migrant and seasonal farmworkers and laborers working in Massachusetts by advocating for a new law, known as the Fairness for Farmworkers Act (S.1205/H.1979). CWJC’s Migrant and Seasonal Farmworker Project Staff Attorney Claudia Quintero testified in favor of the bill at a hearing held by the Joint Committee on Revenue at the Massachusetts Statehouse on October 24, 2023. If passed, the bill would entitle migrant and seasonal farmworkers and laborers working in Massachusetts to earn the state minimum wage (currently $15.00 per hour) instead of the subminimum wage of $8.00 per hour for agricultural workers. The bill also proposes overtime pay for seasonal farmworkers working more than 55 hours a week, and 40 hours for those who work all year long. The new law will provide farmworkers with two paid breaks when working more than eight hours in a day and allow workers to earn paid time off. The Fairness for Farmworkers Act, sponsored by Senator Adam Gomez and Representative Carlos González, is supported by the Fairness for Farmworkers Coalition, an association of eight workers’ rights advocacy groups in Massachusetts. The efforts of the coalition mirror a small but growing trend in the United States to provide basic labor protections for migrant and seasonal farmworkers.
In her testimony to the Committee, Attorney Quintero said, “In my practice, I’ve represented hundreds of farmworkers across the state…. And the common refrain that I have heard from farmworkers is their desire to be dignified with a fair wage. Currently, under Massachusetts wage law, farmworkers are entitled to legally make as little as $8 an hour, and under both federal and state law are exempt entirely from overtime pay. In this time, especially with inflation, farmworkers can barely afford to buy at the grocery store the very foods that they harvest.” In addition to representatives from other organizations in the Fairness for Farmworkers Coalition, several farmworkers also testified in favor of the bill.
Massachusetts is home to approximately 1,700 farms, and about a third of them hire farmworkers. Many of the approximately 13,000 farm workers in Massachusetts are people of color. Farmworkers in Massachusetts earn an average of $13,000 a year and are not entitled to any overtime pay despite working an average of 55 to 70 hours a week. In addition to working long hours for low pay, farmworkers experience extreme poverty at twice the rate of other Massachusetts workers, and they often face housing instability, poor living conditions, and food insecurity. The Fairness for Farmworkers Act would help to lift farmworkers out of poverty and combat the legacy of racism that has historically excluded farmworkers from receiving minimum wages and overtime pay.
To help pay for the proposed increased overtime wages for farmworkers, the Fairness for Farmworkers Coalition is proposing a tax credit of up to 50% for seasonal farmers, and up to a 30% credit to year-round farmers.
As the Staff Attorney for the Migrant and Seasonal Farmworker Project since 2017, Attorney Quintero represents workers throughout Massachusetts and provides holistic representation to clients on a wide range of matters relating to immigration, labor and employment, housing, benefits, and family law. She also offers know-your-rights trainings to workers and community organizations.
For more information on the Fairness for Farmworker Act (S.1205/H.1979), please visit https://www.fairnessforfarmworkersma.org/.