RETALIATION PROHIBITTED This bill prohibits an agricultural employer from retaliating against an agricultural employee (i) who asserts a right protected under this bill, including complaining publicly or seeking or asserting the rights, remedies, or penalties provided under this bill; or (ii) based on the agricultural employee's immigration status. Rebuttable Presumption This bill provides a rebuttable presumption that an agricultural employer that takes an adverse action against an agricultural employee within 90 days after that agricultural employee has asserted or sought a right, remedy, or penalty provided under this bill or by another law, or based on the agricultural employee's immigration status, has retaliated against the agricultural employee. Claim Authorized This bill authorizes an agricultural employee, an individual who has a familial or workplace relationship with the agricultural employee or with whom the agricultural employee exchanges care or support, a whistleblower, or key service provider to assert a claim in the chancery or circuit court having jurisdiction in the county where the alleged violation occurred. As used in this bill, a "key service provider" means a healthcare provider; a community health worker; an education provider; an attorney or other legal advocate; a government official, including a consular representative; a member of the clergy; or another service provider to which an agricultural employee may need access. Statute of Limitations This bill provides that the statute of limitations for filing such a claim is tolled from the date that an agricultural employee asserts a claim with the department of labor and workforce development ("department") until 90 days after the department declines to investigate the claim. In addition to the right provided in these provisions, an aggrieved individual may assert a claim with the department, in accordance with rules promulgated by the department. The department must allow a claim to be submitted electronically on the department's website. Investigation This bill authorizes the department to investigate a claim submitted for a violation of this bill. The department must make a determination of whether to investigate a claim within 90 days from the date the claim was received by the department. The department must notify the complainant, in writing, of the department's decision, and, if the department chooses not to investigate the claim, notify the complainant of the complainant's right to assert a claim in the chancery or circuit court having jurisdiction in the county where the alleged violation occurred, along with the applicable statute of limitations. If the department chooses to investigate and finds that an agricultural employer violated this chapter, then the department may bring an action in the chancery court of Davidson County on behalf of this state against the agricultural employer that retaliated against (i) an agricultural employee; (ii) an individual who has a familial or workplace relationship with the agricultural employee; or (iii) an individual with whom the agricultural employee exchanges care or support. Penalties This bill authorizes a court that finds that an agricultural employer violated this bill to (i) order injunctive relief to enjoin the continuance of the violation of this bill; (ii) award the plaintiff actual damages or $10,000, whichever is greater; or (iii) award court costs and reasonable attorneys' fees. A party that asserts a claim and recovers damages must distribute the damages to the aggrieved individual or agricultural employee. MINIMUM WAGE REQUIRED This bill requires an agricultural employer to pay to an agricultural employee no less than the minimum wage required under federal law. REQUIRED MEAL BREAKS This bill requires an agricultural employer to allow an agricultural employee to take an uninterrupted and duty-free meal period of at least 30 minutes when the employee's shift exceeds five consecutive hours. An employer must, to the extent practicable, allow an employee to take such a meal period no sooner than one hour after the start of the employee's shift. An employer must allow an employee to consume the following:  An on-duty meal while performing the employee's duties, if the nature of the business activities or other circumstances of the work make provision of an uninterrupted meal period impractical.  The entire on-duty meal, without loss of compensation or time for the period during which the agricultural employee consumed the on-duty meal. Additionally, this bill requires an employer to allow an employee to take an uninterrupted and duty-free rest period of at least 10 minutes within each four hours of work. However, this provision does not apply to a truck driver whose sole and principal duty is to haul livestock or other farm products, including crops or silage, or to an employee operating a combine harvester. This bill requires the department to promulgate rules to set required minimum overtime pay for agricultural employees that is comparable to the overtime requirements applicable to other types of employees in this state. ACCESS TO VISITORS This bill prohibits an agricultural employer from interfering with an agricultural employee's reasonable access to (i) a key service provider during the time when the employee is not performing compensable work, or during a paid or unpaid meal or rest period; or (ii) visitors at the employee's employer-provided housing when the employee is present at the housing. However, an employer may require a visitor who accesses a work site to follow protocols that are applicable to third parties who may access the work site. The employer may require a visitor or third party to follow a protocol designed to manage biohazards and other risks of contamination, promote food safety, or reduce the risk of injury to, or from, livestock on a farm or ranch, except an open range. This bill prohibits an individual, other than the employee who resides in the employer-provided housing, from prohibiting, barring, or interfering with, or attempting to prohibit, bar, or interfere with, the access to or egress from the housing of an employee by another individual, either by the erection or maintenance of a physical barrier; physical force or violence, or threat of physical force or violence; or by an order or notice. HOUSING AND TRANSPORTATION This bill generally requires an agricultural employer who provides employer-provided housing or transportation for an agricultural employee to, at least once per week, provide transportation to an employee to a location where the employee can access basic necessities, conduct financial transactions, and meet with key service providers. However, an employer who provides employer-provided housing or transportation for an agricultural employee who is actively engaged in the production of livestock on an open range must provide such transportation not less than one day per three weeks. This bill clarifies that the provisions under this heading do not (i) limit or restrict an employee's right to travel using the employee's own means of transportation; (ii) require an employer to violate state or federal law; or (iii) require an employer to provide the transportation to an employee if the employee has access to the employee's own vehicle and the employee is permitted to park the vehicle on the employer's property. REQUIRED NOTICE This bill requires an agricultural employer to post written notice of the rights provided under this bill in the following manner:  In an easily accessible, conspicuous location on the agricultural employer's premises, including in the agricultural employee's employer-provided housing.  In a place where the employer customarily posts notices to the employer's employees.  Electronically, including by email and on an intranet or internet website, if the employer customarily communicates with its employees electronically. This bill requires such notice to be written in English, and in a language spoken as the primary language by the majority of the employer's employees. EXTREME TEMPERATURES This bill requires the department to promulgate rules to require an agricultural employer to protect the employer's agricultural employees from heat- or cold-related stress, illnesses, or injuries when the employees work outside in a temperature of 32°F or lower; or 80°F or higher. The department must set requirements in rules based on environmental factors, exposure time, acclimatization, and metabolic demands of a job as set forth in the United States department of health and human services, centers for disease control and prevention national institute for occupational safety and health 2016 revised publication, or the most recent subsequent publication. The rules must, at a minimum, include all of the following:  An advisory work schedule based on such temperatures.  Required additional breaks that must be provided to agricultural employees based on the temperature.  Recommendations for shelters to warm or cool agricultural workers, depending on the temperature.  Other requirements or recommendations that the department determines, in the department's discretion, are necessary for working in such temperatures. WAGE THEFT This bill provides that an agricultural employer commits the offense of wage theft who hires an agricultural employee and intentionally does not pay the agricultural employee for the services the employee provides, at the minimum wage rate required under the federal Fair Labor Standards Act (FLSA), state law, or the employment agreement between the employer and employee, whichever is greater, and at the interval required under the FLSA, state law, or the employment agreement between the employer and employee, whichever is more frequent. Such offense must be graded as theft of services under present law. AGRICULTURAL WORK ADVISORY COMMITTEE This bill creates the agricultural work advisory committee to be administratively attached to the department and composed of eight members, including the following:  One individual from each grand division of this state, to be appointed by the governor. Two individuals who are qualified and knowledgeable regarding agricultural work, to be appointed by the commissioner of labor and workforce development. One individual who is qualified and knowledgeable regarding wages for agricultural work, to be appointed by the speaker of the house of representatives. One individual who is qualified and knowledgeable regarding working conditions for agricultural work, to be appointed by the speaker of the senate. The commissioner of labor and workforce development, or the commissioner's designee, as a nonvoting ex officio member. In making appointments to the advisory committee, this bill requires the appointing authorities to coordinate the appointments to ensure that the advisory committee membership is inclusive and reflects the diversity of this state. A vacancy on the advisory committee must be filled for the unexpired term by the appointing authority and in such a manner to ensure that the requirements of this bill are met. The committee must study and provide recommendations to the department for appropriate wages for agricultural employees and methods to improve working conditions for agricultural employees. RULEMAKING This bill requires the department to promulgate rules to effectuate this bill.