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

EXEMPT
(Reprinted with amendments adopted on June 1, 2025)
THIRD REPRINT S.B. 172

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SENATE BILL NO. 172–SENATOR FLORES

PREFILED FEBRUARY 3, 2025
____________

Referred to Committee on Commerce and Labor

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

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to employment; enacting the Agricultural
Workers’ Bill of Rights; clarifying provisions relating to
the provision of periods for rest and meals; establishing
certain rights of agricultural workers related to housing
and access to certain service providers; prohibiting certain
actions related to weeding and thinning; requiring the
provision of certain protections to agricultural workers
during certain emergencies and disasters; authorizing
collective bargaining for agricultural workers; authorizing
the commence ment of a civil action in certain
circumstances; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law prescribes periods for rest and meals for employees during work 1
hours. (NRS 608.019) Section 2 of this bill clarifies that these periods for rest and 2
meals apply to an agricultural employee. 3
Existing law authorizes wages and compensation to include lodging and meals 4
under certain circumstances and prohibits the lodging and meals from being valued 5
more than certain amounts for purposes of computing the wages and compensation. 6
Existing law, however, exempts agricultural employees from these prohibitions on 7
the computable value of the lodging and meals. (NRS 608.154, 608.155) Sections 3 8
and 4 of this bill remove t hese exemptions for agricultural employees , thereby 9
providing that the prohibitions on the computable value of lodging and meals apply 10
to agricultural employees. 11
Section 1.3 of this bill defines the term “agricultural employee” for the 12
purposes of this bi ll. Sections 1.7, 4.3 and 4.7 of this bill make conforming 13
changes related to the applicability of the definition contained in section 1.3. 14
Existing law also prohibits various employment practices. (Chapter 613 of 15
NRS) Sections 6-20 of this bill establish the Agricultural Workers’ Bill of Rights. 16

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Section 9 defines “agricultural worker” as a worker engaged in certain agriculture 17
or farming services or activities described in section 203(f) of the federal Fair 18
Labor Standards Act. 19
Section 11 entitles an agricultural worker who lives in housing provided by an 20
agricultural employer to reasonable access for visitors. Section 12 entitles an 21
agricultural worker to reasonable access to key service providers at certain times 22
during working hours. 23
Section 14 prohibits persons from taking certain actions that restrict the ability 24
of an agricultural worker to enter or leave the residence of the agricultural worker. 25
Additionally, section 15, with certain exceptions, prohibits certain conduct 26
related to weeding or thinning by hand or using a short -handed hoe in a stooped, 27
kneeling or squatting position. 28
Section 16 requires agricultural employers to post certain notices related to the 29
provisions established in sections 11-15. 30
Section 17 requires agricultural employers, during periods of emergency or 31
disaster, to: (1) meet certain requirements related to housing provided to 32
agricultural workers; and (2) supply certain information to the agricultural workers. 33
Section 19 authorizes agricultural wo rkers to organize and form collective 34
bargaining units. 35
Section 20 establishes a civil remedy for certain persons who are aggrieved by 36
violations of the Agricultural Workers’ Bill of Rights. 37

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.) 1
Sec. 1.3. Chapter 608 of NRS is hereby amended by adding 2
thereto a new section to read as follows: 3
“Agricultural employee” means an employee who performs a 4
service or activity described in section 203(f) of the federal Fair 5
Labor Standards Act of 1938, 29 U.S.C. § 203(f). 6
Sec. 1.7. NRS 608.007 is hereby amended to read as follows: 7
608.007 As used in this chapter, unless the context otherwise 8
requires, the words and terms defined in NRS 608.009 to 608.0126, 9
inclusive, and section 1.3 of this act have the meanings ascribed to 10
them in those sections. 11
Sec. 2. NRS 608.019 is hereby amended to read as follows: 12
608.019 1. An employer shall not employ an employee , 13
including, without limitation, an agricultural employee, for a 14
continuous period of 8 hours without permitting the employee to 15
have a meal per iod of at least one -half hour. No period of less than 16
30 minutes interrupts a continuous period of work for the purposes 17
of this subsection. 18
2. Every employer shall authorize and permit all his or her 19
employees , including, without limitation, agricultural employees, 20
to take rest periods, which, insofar as practicable, shall be in the 21
middle of each work period. The duration of the rest periods shall be 22
based on the total hours worked daily at the rate of 10 min utes for 23

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each 4 hours or major fraction thereof. Rest periods need not be 1
authorized however for employees whose total daily work time is 2
less than 3 and one -half hours. Authorized rest periods shall be 3
counted as hours worked, for which there shall be no deduction 4
from wages. 5
3. This section does not apply to: 6
(a) Situations where only one person is employed at a particular 7
place of employment. 8
(b) Employees included within the provisions of a collective 9
bargaining agreement. 10
4. An employer may apply to the Labor Commissioner for an 11
exemption from providing to all or to one or more defined 12
categories of his or her employees one or more of the benefits 13
conferred by this section. The Labor Commissioner may grant the 14
exemption if the Labor Commissioner b elieves the employer has 15
shown sufficient evidence that business necessity precludes 16
providing such benefits. Any exemption so granted shall apply to 17
members of either sex. 18
5. The Labor Commissioner may by regulation exempt a 19
defined category of employer s from providing to all or to one or 20
more defined categories of their employees one or more of the 21
benefits conferred by this section, upon the Labor Commissioner’s 22
own motion or upon the application of an association of employers. 23
Each such application sh all be considered at a hearing and may be 24
granted if the Labor Commissioner finds that business necessity 25
precludes providing that particular benefit or benefits to the 26
employees affected. Any exemption so granted shall apply to 27
members of either sex. 28
Sec. 3. NRS 608.154 is hereby amended to read as follows: 29
608.154 1. A part of wages or compensation may, if mutually 30
agreed upon by an employee and employer in the contract of 31
employment, consist of lodging. 32
2. In no case may the value of the lodging be computed at more 33
than five times the statutory minimum hourly wage for each week 34
that lodging is provided to the employee. 35
[2. The monetary limitations on the value of lodging specified 36
in subsection 1 do not apply to agricultural employees.] 37
Sec. 4. NRS 608.155 is hereby amended to read as follows: 38
608.155 1. A part of wages or compensation may, if mutually 39
agreed upon by an employee and employer in the contract of 40
employment, consist of meals. 41
2. In no case shall the value of the meals be computed at more 42
than 100 percent of the statutory minimum hourly wage per day. 43
3. In no case shall t he value of the meals consumed by such 44
employee be computed or valued at more than 25 percent of the 45

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statutory minimum hourly wage for each breakfast actually 1
consumed, 25 percent of the statutory minimum hourly wage for 2
each lunch actually consumed, and 5 0 percent of the statutory 3
minimum hourly wage for each dinner actually consumed. 4
[2. The monetary limitations on the value of meals, contained 5
in subsection 1, do not apply to agricultural employees.] 6
Sec. 4.3. NRS 608.180 is hereby amended to read as follows: 7
608.180 The Labor Commissioner or the representative of the 8
Labor Commissioner shall cause the provisions of NRS 608.005 to 9
608.195, inclusive, and section 1.3 of this act, and 608.215 to be 10
enforced, and upo n notice from the Labor Commissioner or the 11
representative: 12
1. The district attorney of any county in which a violation of 13
those sections has occurred; 14
2. The Deputy Labor Commissioner, as provided in 15
NRS 607.050; 16
3. The Attorney General, as provide d in NRS 607.160 or 17
607.220; or 18
4. The special counsel, as provided in NRS 607.065, 19
 shall prosecute the action for enforcement according to law. 20
Sec. 4.7. NRS 608.195 is hereby amended to read as follows: 21
608.195 1. Except as otherwise provided in NRS 608.0165, 22
any person who violates any provision of NRS 608.005 to 608.195, 23
inclusive, and section 1.3 of this act, or 608.215, or any regulation 24
adopted pursuant thereto, is guilty of a misdemeanor. 25
2. In addition to any other remedy or penalty, the Labor 26
Commissioner may impose against the person an administrative 27
penalty of not more than $5,000 for each such violation. 28
Sec. 5. Chapter 613 of NRS is hereby amended by adding 29
thereto the provisions set forth as sections 6 to 21, inclusive, of this 30
act. 31
Sec. 6. Sections 6 to 21, inclusive, of this act may be cited as 32
the Agricultural Workers’ Bill of Rights. 33
Sec. 7. As used in sections 6 to 21, inclusive, of this act, 34
unless the context otherwise requires, the words and terms defined 35
in sections 8, 9 and 10 of this act have the meanings ascribed to 36
them in those sections. 37
Sec. 8. “Agricultural employer” means a person who 38
employs an agricultural worker. 39
Sec. 9. 1. “Agricultural worker” means a worker engaged 40
in a service or activity described in section 203(f) of the federal 41
Fair Labor Standards Act of 1938, 29 U.S.C. § 203(f). 42
2. The term does not include a cannabis establishment agent 43
employed by a cannabis cultivation facility. 44
3. As used in this section: 45

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(a) “Cannabis cultivation facility” has the meaning ascribed to 1
it in NRS 678A.090. 2
(b) “Cannabis establishment agent” has the meaning ascribed 3
to it in NRS 678A.100. 4
Sec. 10. “Key service provider” means a service provider to 5
which an agricultural worker may need access, including, without 6
limitation: 7
1. A provider of health care, as defined in NRS 629.031. 8
2. A community health worker, as defined in NRS 449.0027. 9
3. A teacher. 10
4. An attorney licensed to practice in this State. 11
5. A public official. 12
6. A member of the clergy. 13
Sec. 11. If an agricultural employer provides housing to an 14
agricultural worker, the agricultural worker is entitled to 15
reasonable access for visitors at the housing and the agricultural 16
employer shall not interfere with the reas onable access when the 17
agricultural worker is present at the housing. 18
Sec. 12. 1. Except as otherwise provided in subsection 2, an 19
agricultural worker is entitled to reasonable access to key service 20
providers at any time when the agricultural worker is not 21
performing compensable work or during periods of paid or unpaid 22
rest and meal breaks. 23
2. An agricultural worker is entitled to reasonable access to a 24
provider of health care, as defined in NRS 629.031, at any time 25
when the agricultural worker is performing compensable work or 26
during periods of paid or unpaid rest and meal breaks. 27
3. The Labor Commissioner may adopt regulations to require 28
periods of time in addition to those prescribed by subsections 1 29
and 2 in which a n agricultural worker is entitled to access key 30
service providers. 31
Sec. 13. (Deleted by amendment.) 32
Sec. 14. 1. A person shall not prohibit, limit or interfere 33
with, or attempt to prohibit, limit or interfere with, the access to or 34
egress from the residence of an agricultural worker by: 35
(a) The erection or maintenance of a physical barrier; 36
(b) Any physical force or violence; 37
(c) Any threat of physical force or violence; or 38
(d) Any order or notice. 39
2. This section does not apply to the actions of an agricultural 40
worker which relate to the residence of the agricultural worker. 41
Sec. 15. 1. Except as otherwise provided in subsections 3 42
and 5, the use of a short-handed hoe is prohibited in agricultural 43
employment for weeding and thinning in a stooped, kneeling or 44
squatting position. 45

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2. Except as otherwise provided in subsections 3 and 5, the 1
performance of weeding and thinning by hand or with a short -2
handed tool, other than a short-handed hoe, in a stooped, kneeling 3
or squatting position is prohibited unless there is not a suitable 4
long-handed tool or other alternative means of performing the 5
work that is appropriate to both the production of the agricultur al 6
or horticultural commodity and the scale of the operation. 7
3. The provisions of subsections 1 and 2 do not prohibit: 8
(a) Any occasional or intermittent weeding or thinning done 9
by hand in a stooped, kneeling or squatting position if it is 10
incidental to weeding or thinning using a tool; 11
(b) Any thinning done by hand of high -density plants spaced 12
less than 2 inches apart when planted; 13
(c) Any weeding or thinning done by hand of an agricultural 14
or horticultural commodity grown in fields or greenhouses for 15
which the agricultural employer is a certified producer or handler 16
of organic agricultural products; 17
(d) Any weeding, thinning or tending done by hand to an 18
agricultural or horticultural commodity when it is a seedling; 19
(e) Any weeding, thinning or t ending done by hand to an 20
agricultural or horticultural commodity grown in a tub or planter 21
container with an opening that does not exceed 15 inches in 22
width; 23
(f) Any seeding, planting, transplanting or harvesting done by 24
hand or with a tool; and 25
(g) Any weeding, thinning or tending done by hand to the soil -26
exposed area immediately surrounding an agricultural or 27
horticultural commodity grown using polyethylene film or plastic 28
mulch, except as applied to the weeding by hand of the spaces 29
between the rows o f plants grown using polyethylene film or 30
plastic mulch. 31
4. An agricultural employer shall provide gloves and knee 32
pads to each agricultural worker that is engaged in weeding or 33
thinning done by hand. 34
5. The Labor Commissioner shall adopt regulations t o 35
establish: 36
(a) An exception to the prohibitions described in subsections 1 37
and 2 for an agricultural employer that is actively engaged in 38
obtaining a certificate to be a producer or handler of organic 39
agricultural products; and 40
(b) A procedure for an a gricultural employer to seek a waiver 41
that allows for occasional or intermittent weeding by hand of 42
agricultural or horticultural products if the agricultural employer 43
establishes that: 44

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(1) The weeding does not involve prolonged and 1
unnecessary stooping, kneeling or squatting and does not create a 2
risk of acute, chronic or debilitating injuries for agricultural 3
workers; 4
(2) There is not a suitable long -handed tool or other 5
alternative means of performing the work that is appropriate to 6
both the production of the agricultural or horticultural commodity 7
and the scale of the operation; and 8
(3) The weeding by hand cannot be performed pursuant to 9
an exception described in subsection 3. 10
6. As used in this section: 11
(a) “Agricultural employment” means employment in a service 12
or activity described in section 203(f) of the federal Fair Labor 13
Standards Act of 1938, 29 U.S.C. § 203(f). 14
(b) “Occasional or intermittent” means 20 percent or less of 15
the weekly work time of an agricultural worker. 16
(c) “Short-handed hoe” means a handheld tool with a flat 17
blade affixed perpendicularly to a handle that is less than 18 18
inches long. The term includes a long -handled hand tool that has 19
been modified to be used as a short-handed hoe. 20
Sec. 16. 1. An agricultural employer shall post a notice of 21
the rights of an agricultural worker described in sections 11 to 15, 22
inclusive, of this act. 23
2. The notice described in subsection 1 must be posted: 24
(a) At the housing provided by the agricultural employer, if 25
applicable; 26
(b) In addition to any location described in paragraph (a), at a 27
conspicuous place on the premises of the agricultural employer; 28
(c) At each place where notices to employees are customarily 29
posted on the premises of the agricultural employer; and 30
(d) By electronic means, including, by electronic mail or 31
posted to the Internet website of an agricultural employer, if the 32
agricultural employer customarily communicates with an 33
agricultural worker by these means. 34
Sec. 17. 1. During the existence of a state of emergency or 35
declaration of disaster pursuant to NRS 414.070 related to public 36
health, an agricultural employer shall provide: 37
(a) Each agricultural worker who is living in a single -38
occupancy unit of housing provided by the agricultural employer 39
at least 80 square feet of combined sleeping and living quarters; 40
(b) Each agricultural worker who is living in multiple -41
occupancy housing of the agricultural employer at least 100 42
square feet of sleeping quarters per worker and 120 square feet of 43
space per worker in areas used for combined purposes such as 44
meal preparation and eating; 45

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(c) Each agricultural worker engaged in open -range 1
production of livestock with a single -occupancy mobile housing 2
unit; 3
(d) In addition to any requirement under paragraph (a), (b) or 4
(c), each unit of housing provided by the agricultural employer 5
with screened windows that open to the outside or a living space 6
that has an air filtration system; 7
(e) Training to agricultural workers concerning safety 8
precautions and protections during emergencies and disasters 9
related to public health; and 10
(f) Informational and educational materials through posters 11
and pamphlets written in English and Spanish and any other 12
relevant languages in each unit of housing provided by the 13
agricultural employer, the premises of the agricultural employer 14
and other places where the agricultural employer posts notices for 15
employees. 16
2. The materials described in paragraph (f) of subsection 1 17
must include: 18
(a) The contact information for the Farmworker Law Program 19
of Nevada Legal Services, or its successor organization; and 20
(b) Any guidance from federal and state authorities 21
concerning the emergency or declaration of disaster related to 22
public health. 23
3. The Department of Health and Human Services may 24
inspect the housing provided by the agricultural employer to 25
ensure compliance with this section during an emergency or 26
disaster related to public health. 27
Sec. 18. (Deleted by amendment.) 28
Sec. 19. Agricultural workers have the right to self -29
organization, to bargain directly for themselves, and to form and 30
join or assist labor organizations to bargain collectively through 31
representatives of their own free choosing, or to engage in lawful 32
concerted activity for the purpose of collective bargaining or other 33
mutual aid or protection, and each such agricultural worker has 34
the right, without interference from any source, to refrain from 35
any of these activities. 36
Sec. 20. 1. An agricultural worker may commence an 37
action in a court of competent jurisdiction against an agricultural 38
employer for a violation of sections 6 to 20, inclusive, of this act or 39
for retaliation against the agricultural worker for exercising a 40
right prescribed by sections 11 to 15, inclusive, of this act. 41
2. A whistleblower or key service provider who is unable to 42
access an agricultural worker because of a violation of sections 11 43
to 15, inclusive, of this act may commence an action in a court of 44

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competent jurisdiction against an agricultural employer for a 1
violation of sections 11 to 15, inclusive, of this act. 2
3. If a court finds that an agricultural employer violated a 3
provision of sections 11 to 15, inclusive, of this act, the court may: 4
(a) Order injunctive relief; 5
(b) Award actual damages or $10,000, whichever is greater; 6
and 7
(c) Award reasonable attorney’s fees and costs. 8
4. Any amount recovered by a whistleblower or key service 9
provider pursuant to paragraph (b) of subsection 3 must be 10
distributed to the agricultural workers affected by the violation 11
who can be located by the whistleblower or key service provider. 12
5. As used in this section, “whistleblower” means a person 13
designated by an agricultural worker in a confidential, sealed 14
filing with the court. 15
Sec. 21. (Deleted by amendment.) 16
Sec. 22. (Deleted by amendment.) 17
Sec. 23. 1. This section becomes effective upon passage and 18
approval. 19
2. Sections 1 to 22, inclusive, of this act become effective: 20
(a) Upon passage and approval for the purpose of adopting any 21
regulations or performing any other preparatory administrative tasks 22
that are necessary to carry out the provisions of this act; and 23
(b) On October 1, 2025, for all other purposes. 24

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