SB172 - Prescribes certain rights for agricultural workers. (BDR 53-959)

EXEMPT (Reprinted with amendments adopted on May 26, 2025) SECOND REPRINT S.B. 172 - *SB172_R2* SENATE BILL NO. 172–SENATOR FLORES PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Prescribes certain rights for agricultural workers. (BDR 53-959) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to employment; enacting the Agricultural Workers’ Bill of Rights; revising provisions relating to the provision of periods for rest and meals; establishing certain rights of agricultural workers related to housing and access to certain service providers; prohibiting certain actions related to weeding and thinning; requiring the provision of certain protections to agricultural workers during certain emergencies and disasters; authorizing collective bargaining for agricultural workers; authorizing the commencement of a civil action in certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prescribes periods for rest and meals for employees during work 1 hours. (NRS 608.019) Section 2 of this bill provides that an employer may not 2 employ an agricultural employee for a continuous period of 5 hours without 3 authorizing the agricultural employee to have a meal period of at least one-half 4 hour. 5 Existing law authorizes wages and compensation to include lodging and meals 6 under certain circumstances and prohibits the lodging and meals from being valued 7 more than certain amounts for purposes of computing the wages and compensation. 8 Existing law, however, exempts agricultural employees from these prohibitions on 9 the computable value of the lodging and meals. (NRS 608.154, 608.155) Sections 3 10 and 4 of this bill remove these exemptions for agricultural employees, thereby 11 providing that the prohibitions on the computable value of lodging and meals apply 12 to agricultural employees. 13 Section 1.3 of this bill defines the term “agricultural employee” for the 14 purposes of this bill. Sections 1.7, 4.3 and 4.7 of this bill make conforming 15 changes related to the applicability of the definition contained in section 1.3. 16 – 2 – - *SB172_R2* Existing law also prohibits various employment practices. (Chapter 613 of 17 NRS) Sections 6-20 of this bill establish the Agricultural Workers’ Bill of Rights. 18 Section 9 defines “agricultural worker” as a worker engaged in certain agriculture 19 or farming services or activities described in section 203(f) of the federal Fair 20 Labor Standards Act. 21 Section 11 entitles an agricultural worker who lives in housing provided by an 22 agricultural employer to reasonable access for visitors. Sections 12 and 13 entitle 23 an agricultural worker to reasonable access to key service providers at certain times 24 during working hours and afford the agricultural worker the right to be transported 25 to key service providers under certain circumstances. 26 Section 14 prohibits persons from taking certain actions that restrict the ability 27 of an agricultural worker to enter or leave the residence of the agricultural worker. 28 Additionally, section 15, with certain exceptions, prohibits certain conduct 29 related to weeding or thinning by hand or using a short-handed hoe in a stooped, 30 kneeling or squatting position. 31 Section 16 requires agricultural employers to post certain notices related to the 32 provisions established in sections 11-15. 33 Section 17 requires agricultural employers, during periods of emergency or 34 disaster, to: (1) meet certain requirements related to housing provided to 35 agricultural workers; and (2) supply certain information to the agricultural workers. 36 Section 19 authorizes agricultural workers to organize and form collective 37 bargaining units. 38 Section 20 establishes a civil remedy for certain persons who are aggrieved by 39 violations of the Agricultural Workers’ Bill of Rights. 40 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) 1 Sec. 1.3. Chapter 608 of NRS is hereby amended by adding 2 thereto a new section to read as follows: 3 “Agricultural employee” means an employee who performs a 4 service or activity described in section 203(f) of the federal Fair 5 Labor Standards Act of 1938, 29 U.S.C. § 203(f). 6 Sec. 1.7. NRS 608.007 is hereby amended to read as follows: 7 608.007 As used in this chapter, unless the context otherwise 8 requires, the words and terms defined in NRS 608.009 to 608.0126, 9 inclusive, and section 1.3 of this act have the meanings ascribed to 10 them in those sections. 11 Sec. 2. NRS 608.019 is hereby amended to read as follows: 12 608.019 1. An employer shall not employ an employee for a 13 continuous period of 8 hours , or 5 hours for an agricultural 14 employee, without permitting the employee to have a meal period of 15 at least one-half hour. No period of less than 30 minutes interrupts a 16 continuous period of work for the purposes of this subsection. 17 2. Every employer shall authorize and permit all his or her 18 employees to take rest periods, which, insofar as practicable, shall 19 be in the middle of each work period. The duration of the rest 20 periods shall be based on the total hours worked daily at the rate of 21 – 3 – - *SB172_R2* 10 minutes for each 4 hours or major fraction thereof. Rest periods 1 need not be authorized however for employees whose total daily 2 work time is less than 3 and one-half hours. Authorized rest periods 3 shall be counted as hours worked, for which there shall be no 4 deduction from wages. 5 3. This section does not apply to: 6 (a) Situations where only one person is employed at a particular 7 place of employment. 8 (b) Employees included within the provisions of a collective 9 bargaining agreement. 10 4. An employer may apply to the Labor Commissioner for an 11 exemption from providing to all or to one or more defined 12 categories of his or her employees one or more of the benefits 13 conferred by this section. The Labor Commissioner may grant the 14 exemption if the Labor Commissioner believes the employer has 15 shown sufficient evidence that business necessity precludes 16 providing such benefits. Any exemption so granted shall apply to 17 members of either sex. 18 5. The Labor Commissioner may by regulation exempt a 19 defined category of employers from providing to all or to one or 20 more defined categories of their employees one or more of the 21 benefits conferred by this section, upon the Labor Commissioner’s 22 own motion or upon the application of an association of employers. 23 Each such application shall be considered at a hearing and may be 24 granted if the Labor Commissioner finds that business necessity 25 precludes providing that particular benefit or benefits to the 26 employees affected. Any exemption so granted shall apply to 27 members of either sex. 28 Sec. 3. NRS 608.154 is hereby amended to read as follows: 29 608.154 1. A part of wages or compensation may, if mutually 30 agreed upon by an employee and employer in the contract of 31 employment, consist of lodging. 32 2. In no case may the value of the lodging be computed at more 33 than five times the statutory minimum hourly wage for each week 34 that lodging is provided to the employee. 35 [2. The monetary limitations on the value of lodging specified 36 in subsection 1 do not apply to agricultural employees.] 37 Sec. 4. NRS 608.155 is hereby amended to read as follows: 38 608.155 1. A part of wages or compensation may, if mutually 39 agreed upon by an employee and employer in the contract of 40 employment, consist of meals. 41 2. In no case shall the value of the meals be computed at more 42 than 100 percent of the statutory minimum hourly wage per day. 43 3. In no case shall the value of the meals consumed by such 44 employee be computed or valued at more than 25 percent of the 45 – 4 – - *SB172_R2* statutory minimum hourly wage for each breakfast actually 1 consumed, 25 percent of the statutory minimum hourly wage for 2 each lunch actually consumed, and 50 percent of the statutory 3 minimum hourly wage for each dinner actually consumed. 4 [2. The monetary limitations on the value of meals, contained 5 in subsection 1, do not apply to agricultural employees.] 6 Sec. 4.3. NRS 608.180 is hereby amended to read as follows: 7 608.180 The Labor Commissioner or the representative of the 8 Labor Commissioner shall cause the provisions of NRS 608.005 to 9 608.195, inclusive, and section 1.3 of this act, and 608.215 to be 10 enforced, and upon notice from the Labor Commissioner or the 11 representative: 12 1. The district attorney of any county in which a violation of 13 those sections has occurred; 14 2. The Deputy Labor Commissioner, as provided in 15 NRS 607.050; 16 3. The Attorney General, as provided in NRS 607.160 or 17 607.220; or 18 4. The special counsel, as provided in NRS 607.065, 19  shall prosecute the action for enforcement according to law. 20 Sec. 4.7. NRS 608.195 is hereby amended to read as follows: 21 608.195 1. Except as otherwise provided in NRS 608.0165, 22 any person who violates any provision of NRS 608.005 to 608.195, 23 inclusive, and section 1.3 of this act, or 608.215, or any regulation 24 adopted pursuant thereto, is guilty of a misdemeanor. 25 2. In addition to any other remedy or penalty, the Labor 26 Commissioner may impose against the person an administrative 27 penalty of not more than $5,000 for each such violation. 28 Sec. 5. Chapter 613 of NRS is hereby amended by adding 29 thereto the provisions set forth as sections 6 to 21, inclusive, of this 30 act. 31 Sec. 6. Sections 6 to 21, inclusive, of this act may be cited as 32 the Agricultural Workers’ Bill of Rights. 33 Sec. 7. As used in sections 6 to 21, inclusive, of this act, 34 unless the context otherwise requires, the words and terms defined 35 in sections 8, 9 and 10 of this act have the meanings ascribed to 36 them in those sections. 37 Sec. 8. “Agricultural employer” means a person who 38 employs an agricultural worker. 39 Sec. 9. 1. “Agricultural worker” means a worker engaged 40 in a service or activity described in section 203(f) of the federal 41 Fair Labor Standards Act of 1938, 29 U.S.C. § 203(f). 42 2. The term does not include a cannabis establishment agent 43 employed by a cannabis cultivation facility. 44 3. As used in this section: 45 – 5 – - *SB172_R2* (a) “Cannabis cultivation facility” has the meaning ascribed to 1 it in NRS 678A.090. 2 (b) “Cannabis establishment agent” has the meaning ascribed 3 to it in NRS 678A.100. 4 Sec. 10. “Key service provider” means a service provider to 5 which an agricultural worker may need access, including, without 6 limitation: 7 1. A provider of health care, as defined in NRS 629.031. 8 2. A community health worker, as defined in NRS 449.0027. 9 3. A teacher. 10 4. An attorney licensed to practice in this State. 11 5. A public official. 12 6. A member of the clergy. 13 Sec. 11. If an agricultural employer provides housing to an 14 agricultural worker, the agricultural worker is entitled to 15 reasonable access for visitors at the housing and the agricultural 16 employer shall not interfere with the reasonable access when the 17 agricultural worker is present at the housing. 18 Sec. 12. 1. Except as otherwise provided in subsection 2, an 19 agricultural worker is entitled to reasonable access to key service 20 providers at any time when the agricultural worker is not 21 performing compensable work or during periods of paid or unpaid 22 rest and meal breaks. 23 2. An agricultural worker is entitled to reasonable access to a 24 provider of health care, as defined in NRS 629.031, at any time 25 when the agricultural worker is performing compensable work or 26 during periods of paid or unpaid rest and meal breaks. 27 3. The Labor Commissioner may adopt regulations to require 28 periods of time in addition to those prescribed by subsections 1 29 and 2 in which an agricultural worker is entitled to access key 30 service providers. 31 Sec. 13. 1. Except as otherwise provided in subsection 2, an 32 agricultural employer that provides housing and transportation 33 for an agricultural worker shall at least 1 day per week transport 34 the agricultural worker to a location where the agricultural 35 worker can access basic necessities, conduct financial transactions 36 and meet with key service providers, unless the agricultural 37 worker is a range worker who is actively engaged in the 38 production of livestock on the open range, in which case, the 39 agricultural employer shall provide the transportation at least 1 40 day every 3 weeks. 41 2. If an agricultural worker has access to a personal vehicle 42 and is permitted to park the vehicle on the property of the 43 agricultural employer, the agricultural employer is not required to 44 provide the transportation described in subsection 1. 45 – 6 – - *SB172_R2* Sec. 14. 1. A person shall not prohibit, limit or interfere 1 with, or attempt to prohibit, limit or interfere with, the access to or 2 egress from the residence of an agricultural worker by: 3 (a) The erection or maintenance of a physical barrier; 4 (b) Any physical force or violence; 5 (c) Any threat of physical force or violence; or 6 (d) Any order or notice. 7 2. This section does not apply to the actions of an agricultural 8 worker which relate to the residence of the agricultural worker. 9 Sec. 15. 1. Except as otherwise provided in subsections 3 10 and 5, the use of a short-handed hoe is prohibited in agricultural 11 employment for weeding and thinning in a stooped, kneeling or 12 squatting position. 13 2. Except as otherwise provided in subsections 3 and 5, the 14 performance of weeding and thinning by hand or with a short- 15 handed tool, other than a short-handed hoe, in a stooped, kneeling 16 or squatting position is prohibited unless there is not a suitable 17 long-handed tool or other alternative means of performing the 18 work that is appropriate t [Text truncated for display. Full text available on LegiScan.]