Jeff Bingaman: “I'm cosponsoring this amendment to section 13(b)(12) of the Fair Labor Standards Act, to make this law reflect the…”

“I'm cosponsoring this amendment to section 13(b)(12) of the Fair Labor Standards Act, to make this law reflect the on-farm realities in the West. I believe this amendment follows what must have been the true intent of legislation in the first place. Section 13 is a long list of occupations that for one reason or another we have exempted from the various overtime requirements of the law. Section 13(b)(12) in particular exempts employees of irrigation districts. The reason for this exemption has to do with the requirements of farming in the arid West. In my home state of New Mexico, for example, we usually have two to three months each year, from about mid-May to the end of July, where we get little or no rain. This yearly dry spell is right at the height of the dry season, and if a farmer can't irrigate his crops they die. Because of the expense of irrigation systems, most farmers belong to an irrigation district that maintains a system of canals and ditches to supply water to their fields. Most irrigation districts employ their ditch riders year round so that they know the system, the individual farms, and the needs of each farmer in the district, and don't have to relearn the process every year. With year-round employment these folks are an integral part of the farm community. However, the work these people do is very seasonal.”