Governor Janet Mills has vetoed a bill that would have given farmworkers protections under Maine’s minimum wage law. The bill, L.D. 2273, was passed by the Legislature in April but was vetoed by Mills on Tuesday.
The bill would have given farmworkers, who are currently exempt from the state’s minimum wage law, the right to earn the state minimum wage – currently $14.15 per hour. They also would be eligible for cost-of-living increases that already apply to other workers.
Mills said she vetoed the bill because she believes it would jeopardize farmers’ financial security. She said she is concerned that the provision allowing farmworkers to pursue private litigation over alleged violations would lead to costly lawsuits that could force farmers out of business.
“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,” Mills wrote in her veto letter.
Mills said she offered a compromise that would allow employees to seek a right-to-sue letter from the Department of Labor, but it was rejected by the committee.
“I do not want to veto this bill,” she wrote. “But the Legislature’s actions leave me little choice. I do not believe Maine farmers should face the prospect of privately initiated lawsuits, which would almost certainly lead to losing more farms in the long run.”
The Labor and Housing Committee chairs and advocates pushed back on the governor’s veto Wednesday, saying the litigation issue never came up in stakeholder discussions, and that the governor’s opposition is now sinking an important piece of legislation.
“We’ve allowed a sub-minimum wage to exist for agricultural workers in this state and we attempted to remedy that glaring inequity and were met with a veto, which I think is unconscionable,” said Rep. Amy Roeder, D-Bangor, House chair of the committee.
Roeder and Sen. Mike Tipping, D-Orono, Senate chair of the Labor and Housing Committee, defended the committee’s amendment Wednesday and said they do not believe the bill should restrict workers’ ability to initiate private litigation.
“We wanted to just give them a very basic minimum wage right, and I think it’s deeply unfortunate the governor would veto that after all this work,” Tipping said.
The Maine Potato Board also thanked Mills for vetoing the bill, saying it would have been financially draining for farms.
“While we fully supported the Governor’s original L.D. 2273, unfortunately, that changed significantly due to a committee amendment,” said Jeannie Tapley, assistant executive director of the board. “Gov. Mills’ vetoes assured the hard-working people in the agriculture industry that she understands the complexities of this business, and takes our concerns seriously.”
In order to override the governor’s veto, lawmakers would need two-thirds support in each chamber, which Tipping and Roeder said is unlikely.
“I don’t see a path forward,” Tipping said.
