AUGUSTA, Maine — After opposing similar legislation last year, Gov. Janet Mills has introduced a proposal to cover farmworkers under Maine’s minimum wage laws.
The Democratic governor’s bill was unveiled Wednesday and referred Thursday to the Legislature’s labor committee, as lawmakers seek adjourn by mid-April.
It represents progress for farmworkers and their advocates, who have framed it as a racial justice issue and were deeply frustrated by the past lack of support from a Democratic governor who has not been shy to halt various progressive proposals while in office.
But the new bill does not require farmworkers to benefit from overtime laws, as past legislation sought to do. Sen. Mike Tipping, D-Orono, described it as “just the barest of bare bones,” although he is sponsoring the governor’s bill along with his labor committee co-chair, Rep. Amy Roeder, D-Bangor, and House Speaker Rachel Talbot Ross, D-Portland.
“I personally fail to see why any kind of work deserves to be exempted from federal labor laws,” Roeder said.
The measure would cover agricultural workers under the state’s $14.15 an hour minimum wage starting Sept. 1 and raise that rate annually with cost of living increases. It also would require employers to keep a “true and accurate” record of hours that farmworkers put in, retain records for at least three years and provide workers with a statement detailing their wages.
Employers who violate the rules would face a fine of between $50 to $200 under the bill. Maine has been among more than a dozen states that do not apply their minimum wage laws to most farmworkers, who are instead subject to the federal $7.25 an hour minimum wage and left out of mandatory overtime laws.
Mills said in a statement she recognizes the proposal does not “entirely achieve everyone’s aims” but said it “takes into account a diverse set of perspectives and appropriately balances the need to establish a minimum wage for farm workers with the unique and diverse challenges of running a farm in Maine.”
“Maine’s agricultural industry, along with the hardworking farmers and farm workers who sustain it, are a cornerstone of our economy — and we cannot achieve a healthy industry without supporting both in a balanced way,” she said.
Mills vetoed in 2022 a bill from Democratic lawmakers to allow farmworkers to collectively bargain, and she shot down last year a similar proposal from Talbot Ross. The House failed in a 61-61 vote last July to override the governor’s veto that came near the end of the session.
Last year’s veto prompted Talbot Ross to accuse Mills of using her office to “maintain inequality amongst Mainers.” Mills said she supported a minimum wage for farmworkers but was concerned about questions from the agricultural community “about the true scope of the language.” She also then set up a committee to study the minimum wage issue.
That committee, including members who represent farmworkers and the agriculture industry, met between September and December before releasing a final report that recommended a minimum wage at the same level as other workers and recordkeeping identical to other employers.
The Department of Labor further recommended offering rest breaks that other workers receive and mandatory overtime limits, with an agriculture-specific exemption in “exceptional circumstances.”
After hearing from farmers in the wild blueberry, potato and dairy fields, committee members said most producers are paying at least the state minimum wage, but farmworker advocates have argued the state should guarantee protections for employees who are also often exposed to harsh weather conditions.
Maine AFL-CIO Executive Director Matt Schlobohm, who served on the minimum wage committee, said the governor’s bill is “a very positive step,” but he expressed dismay over it not touching on overtime nor allowing for farmworkers to sue or take action against violators.
Talbot Ross added the governor’s bill is the result of an “arduous and inclusive” feedback process. After last year’s stern rebuke, she complimented Mills for “her commitment to fostering this conversation and her work to ensure we have a thriving agricultural workforce for the years to come.”
