1. Short title
This Act may be cited as the “Frontline At-Risk Manual Laborers Protection Act” or the “FARM Laborers Protection Act”.
Frontline At-Risk Manual Laborers Protection Act
A BILL
To protect agricultural workers from the impacts of the coronavirus pandemic, and for other purposes.
2. Definitions
In this Act:
Agricultural work— The term agricultural work means food production work involving the physical interaction with food products, including—
all agricultural work, farming, fishing, forestry, ranching, processing, canning, slaughtering, packaging, baking, butchering, and other food production work, such as any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or section 3121(g) of the Internal Revenue Code of 1986; and
the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.
Agricultural worker— The term agricultural worker means an individual—
regardless of citizenship or immigration status;
who is—
an employee of a covered agricultural producer; or
an individual performing any service or labor for remuneration for a covered agricultural producer, without regard as to whether the individual is classified as an independent contractor by the covered agricultural producer; and
whose work and duties include agricultural work.
Coronavirus— The term coronavirus means the novel coronavirus disease 2019 (COVID–19).
Covered agricultural producer— The term covered agricultural producer means an employer engaged in commerce, including any agricultural employer as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802), that receives any Federal agriculture-specific coronavirus funding.
Covered contractor— The term covered contractor means a person who—
has entered into an agreement with a covered agricultural producer—
to provide agricultural workers to perform work for the covered agricultural producer; or
to pay the agricultural workers of a covered agricultural producer; and
has accepted grant funds under section 202 from the covered agricultural producer.
Covered period— The term covered period, when used with respect to a covered agricultural producer, means the period—
beginning on the first date after the date of enactment of this Act that the covered agricultural producer is approved for Federal agriculture-specific coronavirus funding; and
ending on the date that is 90 days after the date of the expiration of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to the coronavirus.
Employ— The term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) and section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802).
Employee— The term employee includes—
an employee, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and
an employee, as such term is used for purposes of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
Employer— The term employer includes—
an employer, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and
an employer, as such term is used for purposes of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
Federal agriculture-specific coronavirus funding— The term Federal agriculture-specific coronavirus funding means Federal funding that is provided—
during the period beginning on the date of enactment of this Act and ending on the date described in paragraph (6)(B); and
to the covered agricultural producer for purposes—
of addressing, responding to, or mitigating the spread of the coronavirus in agriculture; or
related to the effects of coronavirus on agriculture production or sales.
Highly compensated— The term highly compensated, when used with respect to an agricultural worker, means an agricultural worker who is paid $100,000 or more per year by a covered agricultural producer.
Person— The term person includes—
a person as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and
a person as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802).
3. General provisions
Rule of construction— Nothing in this Act shall be construed to in any way diminish the rights or benefits that an employee is entitled to under any—
other Federal, State, or local law;
collective bargaining agreement; or
existing employer policy to provide greater rights or benefits, including more emergency paid sick leave or other leave, to an employee than is otherwise required under this title.
Clarification— Nothing in this Act is intended to limit any other Federal, State, or local authority to promulgate, enforce, or maintain laws or rules regarding protections, rights, or benefits related to the coronavirus.