Mass. bill would give agricultural workers paid time off, two 15-minute breaks

A bill filed in the Massachusetts House of Representatives would require agricultural and farm workers to accrue paid time off and receive two paid 15‑minute breaks during eight‑hour workdays. House Bill No. 2108, “An Act establishing fairness for agricultural laborers in Massachusetts,” was presented by Representatives Carlos González and Frank A. Moran and filed Jan. 17, 2025.

The measure would entitle an agricultural employee who is not a member of the employer’s immediate family to accrue paid time off at one hour for every 40 hours worked, up to a maximum of 55 hours per benefit year (a calendar year). Employees would begin accruing on the date of hire or when the law becomes effective, whichever is later, but could not use accrued leave until the 45th calendar day after starting employment. Seasonal employees who return to the same employer would be treated as continuing employees and would not be subject to the 45‑day waiting period in the new benefit year.

The bill would require that accrued paid time off be paid at the employee’s current rate of pay and paid out during the pay period in which it is taken; upon resignation or discharge, employees would be paid for accrued paid time off for that calendar year. It also states that at the start of every benefit year (Jan. 1) accrued paid time off balances would be reset to zero hours.

Beyond paid time off, the bill would add a new section to Chapter 149 requiring that any person employed in agricultural and farm work who labors eight or more hours in a day be entitled to two paid 15‑minute breaks (one before and one after the meal break required by section 100). Employers must provide conditions during breaks that allow for temperature regulation and hydration.

The proposal amends definitions in Chapter 151 to clarify what counts as “agricultural and farm work,” distinguishes “farm” as a site where primary and secondary agriculture are regularly performed, and revises section 2A to replace a fixed $8.00 figure with “the minimum wage set forth in section 1 of this chapter.” The bill also directs the Department of Labor Standards to promulgate regulations implementing the break provisions within six months of the act’s effective date and to seek stakeholder input on conditions that ensure adequate temperature regulation, bathroom breaks and hydration.

The text specifies staggered effective dates: Sections 1 and 3–8 would become effective immediately on passage of the act; Section 2 (the two paid 15‑minute breaks and related temperature/hydration requirements) would take effect on Jan. 1 of the calendar year following the act’s effective date. The bill states employers may provide accrual, rollover or use policies more generous than those required by the measure.

The filing does not record floor action, committee assignment, public testimony, votes or enactment; as submitted, it is a legislative proposal that would require passage by the General Court and enactment to become law.

Proper names and statutory references in this article are taken from the bill text: Chapter 136, Chapter 149, Chapter 151, Department of Labor Standards, and House Docket No. 3799, House Bill No. 2108.