Ask Legislators to Support Dignity & Fair Wages for Maine Farmworkers
Farmworkers are some of most essential workers in our society, performing back-breaking labor to put food on our tables. But for too long they have struggled with low wages and lack of rights and protections that other workers enjoy.
Eighty-seven years ago, workers in agriculture were intentionally excluded from benefits and protections in the National Labor Relations Act, which protects the rights of workers to unionize and collectively bargain. Farmworkers were also exempted from wage and overtime protections in the federal Fair Labor Standards Act.
They are still not eligible to be paid overtime when working over 40 hours a week and are not considered employees under Maine law, so they are not eligible for the state minimum wage and are not entitled to overtime when working over 40 hours a week.
Now we have chance to correct some of these historical injustices and improve lives of thousands of farmworkers in Maine. The Maine Legislature is currently considering LD 398, sponsored by House Speaker Rachel Talbot Ross, which will ensure that workers in the agricultural industry are finally eligible for our state minimum wage and that they are protected from retaliation when discussing wages and working conditions amongst each other.
The amended version of LD 398 is a compromise that will officially — and finally — make farmworkers employeesunder Maine labor law. This means that the measure will make them eligible for the state minimum wage and be protected from working more than 80 hours of overtime in any consecutive two-week period. In addition, the amendment will grant farm workers the right to engage in “concerted activity” to improve their wages and working conditions without fear of intimidation or retaliation. This includes:
- Workers discussing wages, working conditions, terms of employment and/or other matters related to their employment amongst themselves;
- Conferring with their employer with regard to wages, working conditions, terms of employment and other matters related to their employment;
- Conferring with organizations that provide services to agricultural employees; government agencies and the press;
- Publicizing complaints about wages, working conditions, terms of employment and other matters related to their employment, and
- Taking any action to file, prosecute, testify about, participate in the investigation of or support in any way a complaint about a violation by an agricultural employer