Agricultural Employer Labor Law Guide

FLSA Agricultural Exemptions

Agricultural employers operate under several unique exemptions from the Fair Labor Standards Act. Section 13(b)(12) of the FLSA exempts agricultural employees from overtime requirements entirely. Section 13(a)(6) provides a minimum wage exemption for small farm employers who did not use more than 500 man-days of agricultural labor during any calendar quarter of the preceding year.

However, these exemptions are narrowly construed. The FLSA defines agriculture to include farming operations such as cultivation, tillage, growing, harvesting, and preparation for market. Secondary agriculture, which involves work performed on a farm incidental to farming operations, is only exempt when performed by employees of the farmer. Contract labor performing agricultural work may not qualify for these exemptions.

H-2A Temporary Agricultural Worker Program

Employers who cannot find sufficient domestic workers may petition for temporary foreign agricultural workers under the H-2A visa program, administered by the Department of Labor and U.S. Citizenship and Immigration Services. The program requires employers to demonstrate that there are not enough qualified domestic workers available and that hiring H-2A workers will not adversely affect the wages and working conditions of similarly employed domestic workers.

H-2A employers must provide free housing that meets federal standards, daily transportation between housing and work sites, meals or cooking facilities, and tools and equipment at no cost to workers. Employers must also pay the Adverse Effect Wage Rate, which is set annually by DOL and varies by state.

Child Labor in Agriculture

Agricultural child labor rules differ significantly from non-agricultural rules. Children aged 16 and older may work in any agricultural job at any time. Children aged 14 and 15 may work outside school hours in non-hazardous agricultural jobs. Children aged 12 and 13 may work on farms with parental consent or on farms where parents are employed. Children under 12 may work on small farms with parental consent.

The Hazardous Occupations Orders for agriculture prohibit minors under 16 from performing certain dangerous tasks, including operating tractors over 20 PTO horsepower, handling anhydrous ammonia, and working in timber operations.

Migrant and Seasonal Worker Protections

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) imposes registration, disclosure, and recordkeeping requirements on farm labor contractors, agricultural employers, and agricultural associations that employ migrant and seasonal workers. Employers must provide written disclosures at the time of recruitment regarding the terms and conditions of employment, including wages, working hours, and housing.

MSPA also requires agricultural employers to maintain payroll records for three years and to comply with housing and transportation safety standards when providing these services to workers.

State-Specific Requirements

Many states impose additional requirements on agricultural employers beyond federal law. California requires overtime pay for agricultural workers after certain daily and weekly hour thresholds. Washington State has enacted heat illness prevention rules specific to agricultural operations. Several states require agricultural employers to provide rest breaks, drinking water, and shade access.

Agricultural employers should consult state-specific regulations in each jurisdiction where they operate, as the patchwork of state laws creates complex compliance obligations that vary significantly by location.