Farmworkers included in Virginia minimum wage after Governor signs legislation into law.
Richmond, VA— On April 8, Governor Spanberger corrected a long-standing injustice by signing HB 20 and SB121 to eliminate the farmworker minimum wage exemption in the Virginia Minimum Wage Act. For generations, farmworkers—many of whom are immigrants and workers of color—were excluded from basic labor protections due to policies rooted in the discriminatory legacy of Jim Crow.
“We are deeply grateful to the bill’s patrons, Delegate Adele McClure and Senator Jennifer Carroll Foy, and the many advocates who worked for years to move Virginia closer to equal wage protections. Ending this exclusion is long overdue and ensures that the workers who help sustain our economy and feed Virginia are treated with dignity and fairness,” said Jason Yarashes, Co-Director of the Worker Justice Program at the Legal Aid Justice Center.
“Yesterday, Governor Spanberger signed a bill that I have championed for three years to right a historic wrong and support Virginia’s farmworkers,” said Delegate Adele McClure. “This new law removes a vestige of the Jim Crow-era from our state code, ensuring that our farmworkers can finally receive minimum wage and the economic protections they deserve. These essential workers put food on our tables yet often find it difficult to purchase the food they themselves grow. That’s why I’ve been carrying this legislation year after year: because fair pay for the workers who help feed our families and power our economy is simply the right thing to do. I want to thank the advocates and organizations who fought tirelessly for this change, the many farmers who embraced it, and Governor Spanberger for signing this historic measure into law.”
“No one can raise a family, let alone live, anywhere in Virginia on less than the state minimum wage. Under current law, farmworkers are explicitly exempted, meaning they can be paid only the federal minimum wage of $7.25/hr — more than five dollars below the Commonwealth’s minimum wage. Now with the Governor’s signature, farmworkers across Virginia will finally receive the minimum wage protections they deserve,” said Senator Jennifer Caroll Foy.
At the same time, we remain troubled that the final law retains a categorical exclusion from minimum wage protections for workers employed under H-2 temporary visa programs. A worker’s entitlement to basic wage protections should not depend on visa status. Nevertheless, this legislation represents important progress.
Looking forward, Virginia must continue moving toward a future where all workers contributing to our economy are covered by the same basic wage protections —including workers on H-2 visas. These workers are doing some of the most difficult and backbreaking work in the Commonwealth by helping grow and harvest our food and supporting key elements of tourism and infrastructure industries.
