house Resolution No.301
Rep. Elder offered the following resolution:
Whereas, In 2017, Michigan Attorney General Bill Schuette issued Opinion No. 7301, which stated that some small Michigan farms can pay seasonal and migrant farm workers less than the minimum wage under an exemption from federal minimum wage requirements; and
Whereas, Without minimum wage protections, these workers may earn less than a living wage and be unable to support themselves or their families. Many farm workers are paid at a piecework rate, or a certain amount per quantity harvested. In 2015, a family of five migrant workers was reported to earn less than $4 per hour while working at an asparagus pickling operation in Oceana County; and
Whereas, Migrant and seasonal farm workers are a critical part of Michigan’s food supply chain and economy. In 2013, the Michigan Department of Civil Rights reported that there were 49,135 migrant and seasonal farm workers in Michigan, which ranked 5th in the nation. These workers play an important role in the planting, cultivating, harvesting, and packaging of crops worth an estimated $2.3 billion annually; and
Whereas, The importance of these workers has been reinforced by the recent COVID-19 Pandemic. While many Michigan residents have been ordered to stay home to prevent the virus’ spread, farm workers have been declared essential and have continued to work in these dangerous conditions. It is unfair that any essential worker would lack the most basic labor protections available to other workers; and
Whereas, Attorney General Opinion No. 7301 may discourage migrant and seasonal farm workers from coming to Michigan for work. These workers often work in several states each year, and the lack of minimum wage protections may incentivize them to choose jobs in other states. This may significantly affect Michigan farmers’ ability to employ enough workers to harvest their entire crop, negatively impacting Michigan's economy; and
Whereas, In 2019, the Michigan Civil Rights Commission requested that Attorney General Dana Nessel reconsider the opinion issued by her predecessor to ensure the continued success of Michigan's vital agricultural industry; now, therefore, be it
Resolved by the House of Representatives, That we join with the Michigan Civil Rights Commission in requesting that Michigan Attorney General Dana Nessel reconsider Attorney General Opinion No. 7301 that certain migrant and seasonal farm workers are not entitled to minimum wage under Michigan law; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Attorney General and the Chair of the Michigan Civil Rights Commission.