Presque Isle, Maine - The Maine Potato Board has issued the following statement following Gov. Janet Mills’ vetoes of LD 2273, An Act To Establish a State Minimum Wage for Agricultural Workers; and LD 525, An Act To Enact the Agricultural Employees Concerted Activity Protection Act.
“The Maine Potato Board applauds Gov. Janet Mills’ action this week, vetoing two bills that we simply could not support as amended,” said Jeannie Tapley, assistant executive director, Maine Potato Board. “One bill was full of challenges from the start, and while we fully supported the Governor’s original LD 2273, unfortunately that changed significantly due to a committee amendment. Governor Mills’ vetoes assured the hard-working people in the agriculture industry that she understands the complexities of this business, and takes our concerns seriously.”
LD 2273 was originally submitted to the Legislature by Governor Mills, and was largely supported by the industry. The bill aimed to ensure farmworkers are paid the state minimum wage, and it was seen as a bill that struck a balance between supporting both the farmers and the farmworkers. However, there was a committee amendment that allowed for privately initiated litigation over alleged violations. Even if employers were found to be not liable in court, they would still have to find resources to pay for their own legal representation. The governor’s original bill entrusted the enforcement responsibility to the Maine Department of Labor, which offers protection for both the farmworkers and the farmers. The governor said in her letter that a committee she convened on the issue found that nearly all farms in Maine already pay their workers at least the state minimum wage, and she was concerned that litigation could drain financial resources from farmers and ultimately cause them to fail.
“If the Legislature had sent me the bill I introduced, I would have been pleased to sign it into law, but unfortunately, that is not what happened,” wrote Gov. Mills in her veto letter. “Knowing that my original bill provided an adequate enforcement remedy, I did not - and still do not - believe it is appropriate to authorize a private right of action carte blanche, particularly in the case of farms, because I am deeply concerned that doing so would result in litigation that would simply sap farmers of financial resources and cause them to fail.”
LD 525, also vetoed by Gov. Mills, was originally intended to allow farmworkers to organize for purposes of collective bargaining. An amendment added at the last minute added language for concerted activity, which did not allow for a public hearing or much discussion on the amendment. Farmers had concerns with the added language, which would have allowed for potential litigation, or strikes during crucial times of an already short growing season like planting and harvest. The industry argued that the uncertainty of working conditions on a farm due to variable factors, makes the industry unique and the added language created great concerns.
“I cannot subject our farmers to a complicated new set of labor laws that will require a lawyer just to understand,” wrote Gov. Mills in her veto letter for LD 525. “Now is not the time to impose a new regulatory burden on our agricultural sector, and particularly not family-owned farms that are not well positioned to know and understand their obligations under a new such law.”
“This industry has an $11.7 billion impact on our state,” said Tapley. “It is an industry that faces a unique set of challenges, but has such an important role in our state. We appreciate that Gov. Mills understands this and we look forward to continuing to work with her and her administration for the best interests of both the farmers and farmworkers who bring so much to our state’s economy.”
For more information, visit www.mainepotatoes.com.