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Representative David Durberry presents bill to end farm‑worker minimum‑wage exemption; committee presses housing and overtime questions
Summary
At a March 11 House Committee on General and Housing meeting, Rep. David Durberry outlined Agriculture Committee bill H43 to remove the state minimum‑wage exemption for agricultural workers; members supported the principle but raised questions about housing‑deduction calculations, inspection standards and the bill’s potential impact on small farms.
Representative David Durberry, chair of the House Agriculture and Forestry Committee, told the House Committee on General and Housing on March 11 that Agriculture Committee bill H43 would remove the state exemption that currently excludes agricultural workers from Vermont’s minimum‑wage protections and would add provisions on overtime and a health‑conditions survey for farmworkers.
"There's a moral issue here," Durberry said, arguing that the state should not explicitly exclude the people who grow the food "from protections" and that the study group charged with reviewing the issue recommended focusing first on employment laws such as the state minimum wage rather than unionization. He told members the agriculture committee plans to consider an amendment that would narrow the bill to the minimum‑wage change recommended by the study group.
Committee members signaled broad support for raising pay but pressed Durberry on practical details. "I am 100% in favor of paying the people more," said Tom, a committee member, "but my questions are around how the value of the housing is arrived at when you're calculating." Tom asked whether available surveys broke out which workers receive housing and whether the statutory deduction that employers may apply for meals and lodging is adequate.
Durberry summarized conflicting evidence presented to the study group: he said a Migrant Justice survey reported that a majority of respondents indicated they were not making minimum wage, while a Farm Bureau survey of its broader membership found a smaller share reporting pay below minimums. He also said the Dairy Producers Alliance provided written testimony and raised concerns primarily about the bill’s overtime and some housing language, not the minimum‑wage provision.
Lenora, a committee member, urged stronger attention to housing quality and inspections, describing some employer‑provided housing as effectively "warehousing" labor and arguing the committee should ensure safe living conditions if housing is counted in wage calculations. Other members noted that current enforcement for farm housing is largely complaints‑based and said the bill’s inspection language would represent a substantive change.
Members also discussed trade‑offs: several said that requiring higher wages plus stricter housing standards could increase costs for small or mid‑size farms and, in some cases, make it uneconomical for them to continue offering on‑site housing. Durberry acknowledged the concern and reiterated that H2A visa holders and other seasonal programs have separate federal arrangements and that dairy farms — where employer‑provided housing is most common — would be the most affected sector.
No formal vote was taken. Durberry said the agriculture committee will continue to refine the bill and may present a narrowed amendment focused on the minimum‑wage change; members asked for additional data and clarity on housing deduction calculations, inspection criteria and on which workers currently receive employer‑provided housing.
The committee paused and planned to reconvene; members noted the bill will interact with related proposals in Judiciary and other committees as it proceeds through crossover and potential conference discussions.
