2022 Legislation
FARMWORKER OVERTIME BILL – HB 4002
Farm workers play a vital role in the American economy. Farm workers collect, package, and maintain the bulk of our nation’s food products and they are subject to the same psychological, physiological, and social impairments as workers performing overtime in any other occupation. However, they face the additional compounding burdens of financial strain, job insecurity, and housing instability. Farm work requires long hours, yet these workers continue to be excluded from protections under the Fair Labor Standards Act (FLSA).
New rules are needed in Oregon to better protect Oregon’s farm workers from unfair labor practices. Beyond Toxics has joined with our partners at Pineros Y Campesinos Unidos del Noroeste (PCUN: Oregon’s farm worker union) to educate Oregonians about this injustice and bring the related issues to the attention of our elected leaders in state government. We stand with PCUN in recognizing that Oregon farmeworkers deserve to be paid for every hour of their essential, difficult, and often dangerous work.
HB4002
Relating to overtime for agricultural workers; and prescribing an effective date.
Requires Employment Department, in consultation with Bureau of Labor and Industries, Department of Revenue and State Department of Agriculture, to submit report to interim committees of Legislative Assembly related to agriculture on identified economic impacts of overtime compensation requirements under Act.
Requires division of Oregon Department of Administrative Services that serves as office of economic analysis to include in economic forecast for biennium any available relevant economic and wage data related to agricultural economy as impacted by overtime compensation requirements.
Requires State Department of Agriculture and Oregon Business Development Department to make recommendations for legislation to regular or interim committee of Legislative Assembly related to agriculture on available options for establishing grant, loan or other lending program to provide financial assistance to employers to mitigate costs associated with compliance with overtime compensation requirements.
Creates refundable income or corporate excise tax credit allowed to employer for excess amount of wages paid as overtime pay to agricultural workers. Provides for administration of credit by Department of Revenue. Directs department to issue notice to taxpayers that meet application requirements and indicate maximum amount of credit allowed. Provides for Legislative Assembly to use reports submitted by agencies to adjust tax credit provisions and revise rates if deemed appropriate.
Applies to tax years beginning on or after January 1, 2023, and before January 1, 2029].
Takes effect on 91st day following adjournment sine die.
Chief Sponsor(s): Representative Salinas, Holvey, Senator Taylor, Representative Valderrama, Senator Frederick, Jama, Manning Jr, Wagner
Regular Sponsor(s): Representative Alonso Leon, Bynum, Campos, Hudson, Nelson, Reynolds, Ruiz, Sanchez, Senator Dembrow, Gelser Blouin, Lawrence Spence, Lieber, (Presession filed.)
Advocates: