PolicyBrief
H.R. 240
119th CongressJan 7th 2025
Protect Local Farms Act
IN COMMITTEE

The Protect Local Farms Act prevents states from enforcing agricultural overtime laws that mandate a workweek of fewer than 60 hours.

Claudia Tenney
R

Claudia Tenney

Representative

NY-24

LEGISLATION

Protect Local Farms Act Mandates 60-Hour Workweek Floor Before Overtime Pay Kicks In

The Protect Local Farms Act introduces a major shift in how farmworkers get paid by amending the Fair Labor Standards Act of 1938. Specifically, Section 2 of the bill prevents any state from enforcing a maximum workweek for agricultural employees that is shorter than 60 hours. In plain English, if your state currently requires farms to pay overtime after 40 or 45 hours, this federal law would override that, setting a nationwide 'floor' where overtime pay isn't legally required until a worker hits the 60-hour mark.

The End of the State-Level Safety Net

Traditionally, states have had the green light to set higher labor standards than the federal government—think of it like a 'you must be at least this tall to ride' sign where states could make the bar even higher. This bill flips that logic for the agricultural sector. By creating an explicit exception in Section 18 of the Fair Labor Standards Act, the federal government would effectively tell states like California or Washington that their stricter overtime laws no longer apply. For a farmworker who currently relies on a 40-hour threshold to make ends meet, this could mean working an extra 20 hours a week at their base hourly rate before seeing a single cent of overtime pay.

Hard Work, Same Pay

Let’s look at how this hits the ground. Imagine a fruit picker or a tractor operator who usually clocks 55 hours during the peak harvest season. Under some current state laws, those 15 hours over the standard 40-hour week would be paid at time-and-a-half. If this bill becomes law, that same worker would receive their standard straight-time pay for all 55 hours, because the state’s 40-hour limit would be preempted by the new federal 60-hour rule. While this might help a farm owner stabilize labor costs during a busy season, it places the financial and physical burden squarely on the employees, who would be working longer shifts without the traditional 'overtime' financial boost.

Consistency vs. Compensation

The bill aims to create a standardized labor framework, which is a win for large-scale agricultural operations that manage crews across state lines and find a patchwork of different state laws a headache to navigate. However, the trade-off is a significant loss of local control. States would lose the ability to tailor labor protections to their specific climate, crop needs, or cost of living. For the average person working the fields, the bill represents a direct reduction in potential earnings and a shift toward a reality where a 60-hour week is the standard, not the exception.