Two bills passed by the Maine House and Senate this week could lead to big changes in the state’s agriculture industry by setting a minimum wage for farm workers and giving them the right to try to change their working conditions by talking with coworkers and outside groups.
Farm employees have historically been excluded from the labor laws that cover other workers. In Maine, they are only required to be paid the federal minimum wage of $7.25 per hour, aren’t required to be paid overtime and don’t have the same labor protections.
Debates over changing that have continued for years, leading to failed bills in the last two legislative sessions. Supporters say the uneven protections are a historical injustice that should be fixed. Farmers have testified that the already challenging realities of farming in Maine require a different workforce, and they have suggested the legislation would hurt their businesses and force them to mechanize or hire more visa workers instead of creating local jobs.
The debates highlight some of the challenges Maine faces as it tries to grow and stabilize its agricultural economy, with a goal to grow 30 percent of the food eaten here locally by 2030.
LD 589 would require farm workers be paid Maine’s $14.65 minimum wage starting Jan. 1 and raise it on the same date every year to keep up with the cost of living. It’s similar to one Gov. Janet Mills proposed last year but then vetoed after changes were made.
Many farm owners testified this year that they already pay employees well above the state minimum, while supporters of the bill said it would provide overdue protections to farm workers.
“Without the right to collectively bargain and receive fair compensation, farmworkers remain trapped in a cycle of economic insecurity and exploitation,” testified Juana Rodriguez Vasquez, executive director of a nonprofit working with immigrant and migrant workers.
She said farmworkers are more vulnerable today due to inflation affecting them financially, climate change-related weather events impacting their health and work, and labor shortages creating heavier workloads.
The original bill, since amended, would have also required farmers to pay their employees overtime. That drew opposing testimony from farmers, who said unpredictable weather and limited harvest seasons often make it necessary to work more than 40 hours weekly in season. Saying the proposals misunderstood how farming works in Maine, they argued paying time and a half to do so would put them out of business and ultimately contradict the state’s big goals to expand local food production.
The modified bill has also drawn some debate around a type of employment called piecework, in which employees are paid based on how much work they complete — such as pounds harvested — rather than by the hour.
Lawmakers said the current version would allow piecework to continue if the workers still make at least minimum wage, the Portland Press Herald reported. But some critics said that would limit people from working in industries such as Maine’s wild blueberries to supplement their income.
LD 588 would give farmworkers the right, and protection, to discuss their wages and working conditions — or contact outside groups that provide them legal, health and other services — without retaliation from an employer. It also outlines a complaint system.
Supporters have highlighted the dangerous nature of farm work and said there are power imbalances between migrant workers with language barriers and their employers. Some opposing the bill said it could cause interruptions during limited harvest times and cost more in legal fees.
“Small farms cannot afford the time lost with their crops as well as the added costs this bill could cause,” the Maine Potato Board testified, saying that family farms already treat their workers well and the bill would drive a wedge between farmers and employees. “Farmers already have a very low profit margin and this bill could essentially drive up the cost of food for all in Maine.”
There’s also been questions of whether the bill opens a door to farmworkers unionizing. While the text of the bill does not go as far as saying that, it received supportive testimony from several union representatives.
