Whose Time is it Anyway: Oregon Farmworkers Fight for Equal Pay

ELIZABETH JOHNSON: Rising from the grave of the 2021 Oregon legislative session comes HB 4002, a bill to grant farmworkers the right to overtime pay. Loved by the workers, and feared by farm owners, the resurrection and reconsideration of this bill has garnered national attention. But, don’t all employees have the right to overtime pay in the U.S.? No. 2.4 million employees in the United States still do not have that right

Under the Fair Labor Standards Act (FLSA), the only provisions that fully apply to farmworkers are the minimum wage and record-keeping requirements. Outside of those, hazardous tasks can be completed by workers as young as 16 (two years younger than all other industries), paying a minimum wage is not required for small employers, and there are no overtime protections

The Oregon legislature filed two bills to address this last year, but both died in committee. Though farmers and workers continued to meet and discuss solutions, no compromises were made. But this did not discourage many representatives in the Oregon State Legislature. The 2022 Session began with the filing of HB 4002. It proposed time-and-a-half pay for working over 40 hours a week, phased in over the next 5 years. Lawmakers responded to farmer opposition by including a provision for tax credits that will continue through 2029. But, that provision has not stalled resistance from conservatives and farmers. The struggle for HB 4002 is indicative of the greater struggle for fair farmworker compensation across the country. Currently, there are only 6 states that guarantee overtime compensation for farmworkers after 40 hours: California, Hawaii, Maryland, Minnesota, New York, and Washington. Most states only offer time-and-a-half after 60 hours per week, if any compensation at all. Oregon is the only state in this cycle that has introduced a bill of this nature. 

As the United States continues to experience labor strikes and shortages, Oregon’s attempts to correct labor injustices should be lauded and replicated. Inadequate labor laws not only threaten the dignity of affected individuals, but also perpetuate class and racial discrimination. Farmworkers in the United States are 77% Hispanic, many of which are migratory (meaning they travel based on the growing season). Striving for equal and equitable labor laws requires that lawmakers target injustices that affect marginalized groups most. States that have yet to address equal labor practices continue to propagate a system designed to maintain an outdated social order.

Elizabeth Johnson is a graduate student at the McCourt School of Public Policy. She is pursuing her master's degree in public policy.