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Senate committee hears bill to extend overtime, housing and collective‑bargaining rights to farm workers

2472313 · March 3, 2025
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Summary

The Senate Committee on Commerce and Labor heard testimony on Senate Bill 172, which would remove agricultural employees from Nevada’s exemptions to minimum‑wage and overtime laws and create an "agricultural workers’ bill of rights," including requirements for breaks, housing standards, access for key service providers and collective‑bargaining rights.

The Senate Committee on Commerce and Labor heard testimony on Senate Bill 172, which would remove agricultural employees from Nevada’s exemptions to minimum‑wage and overtime laws and create an "agricultural workers’ bill of rights," including requirements for breaks, housing standards, access for key service providers and collective‑bargaining rights.

Supporters said the measure would extend basic labor protections to seasonal, local and H‑2A farm workers and set minimum standards where employers do not provide them. Opponents, including farm‑industry groups and several employers, urged caution, arguing the change could reduce hours and harm workers’ take‑home pay and would duplicate federal H‑2A protections for guest workers.

Senator Edgar Flores, sponsor of SB 172, walked the committee through the bill section‑by‑section and emphasized several core changes: removing agricultural employees from Nevada’s wage and overtime exemptions; guaranteeing a half‑hour break for work shifts of five hours or more; removing lodging and meal‑value exemptions used in current calculations; creating reasonable access to housing and key service providers; and creating a nine‑member advisory committee under the labor commissioner to monitor implementation. "All employees should have the right to collectively bargain, period," Flores said during his presentation.

Labor and farmworker advocates described on‑the‑ground conditions they said the bill is intended to change. Susie Martinez, executive secretary‑treasurer of the Nevada State AFL‑CIO, told the committee "Farm workers will finally have the right to unionize and engage in collective bargaining." Cecilia Alonso, a farmworker advocate with the National Farm Workers Jobs Program, said farmworkers routinely work 10–12 hour shifts, six or seven days a week and currently do not receive overtime protections in Nevada.

Union and community groups testified in support. Witnesses included representatives from Make the Road Nevada, SEIU, the Progressive Leadership Alliance of Nevada and multiple local labor councils. Testimony from a farmworker collected by Make the Road Nevada described crowded, poorly maintained employer‑provided housing and abrupt evictions; the testimony was submitted for the record.

Opposition testimony came primarily from agricultural employers and trade groups. Doug Busselman, executive vice president of the Nevada Farm Bureau, said the Farm Bureau "is opposed to the removal of the exemption of agricultural workers from overtime requirements" and warned of conflicts with federal H‑2A wage rules. Several H‑2A employers and ranchers described the H‑2A program’s federal protections, including a 2025 federal wage cited in testimony of $17.84 per hour, inspected housing and guaranteed hours, and argued the bill could reduce weekly hours for workers as it did in other states. Brad Johnston, an attorney representing Perry & Sons Farms, urged the committee to examine studies he said showed overtime rules in other states produced fewer hours and lower weekly pay for some workers.

Brett Harris, Nevada labor commissioner, testified neutrally about enforcement and said the office had a pending fiscal note for administrative staff to support an advisory committee and to process waivers.

Senator Flores closed by saying the bill aims to set a bare minimum standard for treatment of agricultural employees and that he was open to working on details and committee amendments. The committee took testimony from dozens of witnesses for and against SB 172; no committee vote or floor action was recorded in the hearing transcript.

Questions and clarifications asked during the hearing included how overtime would be triggered (by daily hours, weekly hours, or by mutual agreement for alternative schedules), exceptions for very remote livestock operations (proposed once‑every‑three‑weeks access in isolated settings), and the interplay between state standards and federal H‑2A rules.

The committee record includes multiple offers to provide additional documents, studies and written testimony. The hearing closed with the sponsor indicating willingness to negotiate amendments and with the labor commissioner noting a pending fiscal note related to administration of the advisory committee.