SB 172 — Prescribes certain rights for agricultural workers. (BDR 53-959)

EXEMPT (Reprinted with amendments adopted on MayApril 26,16, 2025) SECONDFIRST REPRINT S.B.

creating the Advisory Committee on Agricultural Work;

(NRS 608.019) Section 2 of this bill provides that an employer may not employ an agricultural employee for a continuous period of 5 hours without authorizing the agricultural employee to have a meal period of at least one-half hour.houExisting law authorizes wages and compensation to include lodging and meals under certain circumstances and prohibits the lodging and meals from being valued more than certain amounts for purposes of computing the wages and compensation.

Existing lawlaw, authorizeshowever, wagesexempts andagricultural compensationemployees tofrom includethese lodgingprohibitions andon meals under certain circumstances and prohibits the lodgingcomputable andvalue meals from being valued more than certain amounts for purposes of computing the wageslodging and compensation.meals.

Existing(NRS law,608.154, however,608.155) exemptsSections agricultural employees from these prohibitions on and 4 of this bill remove these exemptions for agricultural employees, thereby 3 providing that the prohibitions on the computable value of lodging and meals apply to agricultural employees.

- *SB172_R1* – 2 – Section 1.3 of this bill defines the term “agricultural employee” for the purposes of this bill.

- *SB172_R2* – 2 – Existing law also prohibits various employment practices.

(Chapter 613 of NRS) Sections 6-206-21 of this bill establish the Agricultural Workers’ Bill of Rights.

Section 9 defines “agricultural worker” as a worker engaged in certain agriculture or farming services or activities described in section 203(f) of the federal FairFaire LabSectionLabor 11Standards entitlesAct. an agricultural worker who lives in housing provided by an agricultural employer to reasonable access for visitors.

Section 11 entitles an agricultural worker who lives in housing provided by an agricultural employer to reasonable access for visitors.

Sectionof 14an prohibitsagricultural personsworker fromto takingenter certainor actionsleave that restrict the abilityresidence of Additionally,the sectionagricultural 15,worker. with certain exceptions, prohibits certain conductorker.

Additionally, section 15, with certain exceptions, prohibits certain conduct related to weeding or thinning by hand or using a short-handed hoe in a stooped, kneeling or squatting position.

Section 21 creates the Advisory Committee on Agricultural Work and prescribes its membership and duties.

An employer shall not employ an employee for a continuous period of 8 hours , or 5 hours for an agricultural employee, without permitting the employee to have a meal period of - *SB172_R1* – 3 – at least one-half hour.

The duration of the rest periods shall be based on the total hours worked daily at the rate of - *SB172_R2* – 3 – 10 minutes for each 4 hours or major fraction thereof.

The monetary limitations on the value of lodging specified in subsection 1 do not apply to agricultural employees.] - *SB172_R1* – 4 – Sec.

In no case shall the value of the meals consumed by such employee be computed or valued at more than 25 percent of the - *SB172_R2* – 4 – statutory minimum hourly wage for each breakfast actually consumed, 25 percent of the statutory minimum hourly wage for each lunch actually consumed, and 50 percent of the statutory minimum hourly wage for each dinner actually consumed.

- *SB172_R1* – 5 – Sec.

- *SB172_R2* – 5 – (a) “Cannabis cultivation facility” has the meaning ascribed to it in NRS 678A.090.

A provider of health care, as defined in NRS 629.031.629.031;

Except as otherwise provided in subsection 2, an agricultural employer that provides housing and transportation for an agricultural worker shall at least 1 day per week transport the agricultural worker to a location where the agricultural worker can access basic necessities, conduct financial transactions and meet with key service providers, unless the agricultural - *SB172_R1* – 6 – worker is a range worker who is actively engaged in the production of livestock on the open range, in which case, the agricultural employer shall provide the transportation at least 1 day every 3 weeks.

- *SB172_R2* – 6 – Sec.

- *SB172_R1* – 7 – (f) Any seeding, planting, transplanting or harvesting done by hand or with a tool;

- *SB172_R2* – 7 – 4.

- *SB172_R1* – 8 – Sec.

- *SB172_R2* – 8 – (c) At each place where notices to employees are customarily posted on the premises of the agricultural employer;

and - *SB172_R1* – 9 – (b) Any guidance from federal and state authorities concerning the emergency or declaration of disaster related to public health.

(Deleted by amendment.) - *SB172_R2* – 9 – Sec.

(Deleted1. by amendment.) Sec.

The Advisory Committee on Agricultural Work is hereby created in the Office of Labor Commissioner.

The Advisory Committee consists of nine voting members appointed as follows:

(a) Two members who are agricultural workers, appointed by the Labor Commissioner;

- *SB172_R1* – 10 – (b) Two members who are advocates of agricultural workers, appointed by the Labor Commissioner;

(c) Three members who represent agricultural employers, appointed by the Director of the State Department of Agriculture;

and (d) Two members from the Farmworker Law Program of Nevada Legal Services, or its successor organization.

2.

The term of office of each member appointed to the Advisory Committee is 4 years.

3.

A vacancy on the Advisory Committee must be filled in the same manner as the original appointment by the appointing aut4.riMembers of the Advisory Committee serve without compensation.

5.