The Farm Labor Landscape
Many farms in the United States utilize some kind of hired labor over the course of the year, though the period of employment, types of work, and necessary skills and competencies vary widely depending on the region, farm business model, and crop type and production system. The majority of farm laborers are wage and salary workers, hired directly by farmers, but some are employees of agricultural service companies, including farm labor contractors, custom harvest providers, and management service providers.
The vast majority of farms in the U.S. as identified by the U.S. Department of Agriculture are classified as hobby farms. These farms are generally not commercially viable businesses, and thus rarely utilize formal labor in any significant way. Much of the labor on these operations is provided (often under- or uncompensated) by the owners of the business and their immediately families.
The most populous group of commercial farms in the U.S. produce commodity grains, including corn, soybeans, wheat, and sorghum, amongst others. These farms are found in essentially every state in the country, though are particularly concentrated in the Midwest, from Nebraska and the Dakotas to Western Pennsylvania, and from Minnesota and Wisconsin to Texas.
On these farms, the vast majority of labor is still supplied by owners and their direct family members. Primary farm labor tasks include equipment operation, crop scouting, equipment maintenance and repair, and product transport (usually by semi). On bigger commodity grain operations, there is more likely to be formal farmworkers— colloquially known as “hired hands.” These people are likely employed in some kind of part-time or seasonal capacity, and may need skills in mechanics, agronomy, and/or a specialized license (like a commercial drivers license, or CDL) to complete their tasks.
Most hired hands are sourced from local rural communities. Though as rural areas continue in the general trend of aging and depopulating, commodity grain growers have become more interested in migrant labor, though there is still relatively few foreign-born workers in this sector.
Rangeland production, primarily of cattle and sheep, is a common style of operation in the Western U.S., though it can be found in other regions as well.
On these ranches, the use of foreign born labor is common in some instances. Especially in sheep production, Mexican and other Latin American laborers are highly regarded for their experience herding in remote areas, which requires sleeping on the range and living a largely isolated existence for long periods of time. This work requires a broad range of skills and abilities, and yet is still often meagerly compensated.
Rangeland cattle production systems can be similar, though overall is more variable depending on the grazing area. In general, operations with a wide geographic base where cattle have to moved over great distances, especially when part of the area involves remote and mountainous terrain, tend to require more labor than can be provided directly by the owner and their family. These ranches employ “ranch hands,” which may still be part-time, but are less likely to be as seasonal as the work in commodity grain production, because there is more year-round work to be done.
Confined production operations, which might raise dairy cattle, finish beef cattle on feed, or raise poultry and hogs, operate very differently than their rangeland counterparts and tend to require significantly more labor.
Dairy production is one of the most high labor forms of agricultural production. Modern, commercial dairy cattle farms operate 24 hours a day, 7 days a week, 365 days a year, with hundreds to thousands of cows being milked 2-3 times daily (and in some cases, even more often). Milking requires bringing each individual animal into a milking parlor, securing them in a stanchion, attaching milking equipment, and completing the task taking precautions both for food and animal health and safety. On a 1,000 cow dairy, completing these tasks could require a year round staff of upwards of 50 full time employees, with additional support staff required for equipment and facilities maintenance, animal husbandry and nutrition, equipment operation, and more. Because jobs in the dairy industry are not seasonal, the sector does not qualify for participation in the H-2A guest worker program.
Feedlot operations where range cattle are finished on feed tend to have a more limited labor demand than the dairy sector. Some additional “hand” labor is still required to carry out daily tasks like feedings, animal care, movement, and maintenance, and there is also some opportunity for more highly trained workers, such as veterinarians and animal nutritionists.
Poultry, raised for both eggs and meat, and hog production tend to be relatively similar in terms of labor demands. Both production types involve highly intensified indoor systems, which have significant biosecurity requirements, and relatively simplified labor needs in terms of day-to-day tasks. Some operations can function with relatively little additional labor besides what the owner and direct family members can provide, but others hire “ranch hands” similar to those in rangeland production. These production systems tend to not be seasonal, so labor needs are generally consistent throughout the year.
The specialty produce category is a diverse group, encompassing farms across the country that grow everything from tomatoes to strawberries to garlic, oranges and apples to lavender and hemp.
Commercial specialty crop operations tend to be the most significant users of seasonal farm labor. A single orchard or vegetable grower with a few hundred acres of production might require hundreds of workers at various points in the year. This is because, as compared to commodity grains, most specialty crops require a significant amount of hand care. Though there has been some advancements in planting and tending equipment, the vast majority of specialty crops are still at least harvested by hand, and many are planted and tended using hand labor as well.
Producers have insulated their businesses from the risk of hiring undocumented workers by utilizing Farm Labor Contractors (FLCs), which are third party organizations that organize and supply work crews on demand. Though many workers are American citizens or have permission to work in the U.S., many others are foreign nationals, often from Mexico, Central or Latin America or the Caribbean.
Though many of these workers have deep roots in agricultural production and have advanced skill sets related to crop production and harvesting, many are also generalists, willing and able to work on a variety of farms growing a mix of crops. This is necessary because for many specialty crop farms, there is high labor demand, but only for a short window of time, meaning that for workers to maintain relatively continuous employment, they often need to migrate with the crop seasons. Though migrating across state lines was much more common in the recent past, it’s relatively uncommon today, with just 3% of farmworkers reportedly “following the crop” in the most recent USDA survey. Settled workers, who work at a single location within 75 miles of their home are the most common, followed by shuttlers, who worker at a single location more than 75 miles from their home and may cross a state or international border to get to their employers farm.
Notably, the number of “newcomers” who have not established a work or migratory pattern has fallen sharply in recent years to around 1%. This is indicative of the falling number of young, recent immigrants working in agriculture, and as a result the farm workforce is aging rapidly.
Notably, the share of farm work being carried out by women is also growing, to about 28% in 2021 from 18% in 2009, which is likely attributable to the fact that as more mechanical aids are adopted in the specialty crop space, more jobs are opened up to women and the elderly that were typically performed by younger men.
For most of the last 100 years, except in California, farmworkers have been excluded from essentially all labor protections, meaning that decisions related to employee housing, transportation, pay rates, and benefits, have often been largely at the discretion of states or even individual farm owners. Recently, several states have started to revisit farmworker exemptions, and have been increasing labor protections.
The H-2A or federal agricultural guest worker program, has been in place since the 1960s, and was instituted as a replacement for the 1940s era Bracero Program. The stated purpose of this program is to provide for a foreign labor base to come to the United States to fill temporary and seasonal positions, but only when demand exceeds supply of U.S. workers.
Participation in the program includes many requirements meant to ensure that U.S. citizens have the first opportunity to fill farm labor roles. First, growers must provide evidence that they’ve advertised their open positions. Then, upon acceptance to the program, they are required to pay for the transportation of their guest workers from their home country to the farm, house them safely, and pay them a “countervailing” (or Adverse Effect Wage Rate) wage rate, which is set above a regions minimum wage to further encourage producers to seek local workers first.
- Eligibility: Foreign workers must be able to demonstrate that they are qualified for the job. The H-2A visa is valid for up to one year and may be extended in one-year increments. Foreign workers must be able to demonstrate that they are admissible to the U.S. and that they will depart the country at the end of their employment.
- Employer requirements: Employers must submit a labor certification application to the U.S. Department of Labor and provide proof that they have attempted to recruit U.S. workers. The employer must file a petition on behalf of the foreign worker with U.S. Citizenship and Immigration Services (USCIS). The foreign worker must also undergo a consular processing interview.
- Limitations: Foreign workers with H-2A visas may only work for the employer that petitioned for their visa and may not work for any other employer without first obtaining permission from USCIS.
Though the conditions of the H-2A program are often considered onerous by producers (and expensive enough that its use is highly concentrated amongst the largest producers), demand for the program continues to grow. Nearly 300,000 guest worker visas were issued in 2022, with most H-2A workers bound for California, Washington state, Florida, Georgia, and North Carolina. There are many likely reasons for this trend; chief among them an increase in immigration crackdowns that have made it increasingly costly to hire undocumented workers, and an aging farm labor population overall.
Specialty Crop Labor in Focus
For most specialty crop farms, harvest is the most labor-intensive, and often most costly, task within their operation. According USDA ERS, wages and salaries plus contract labor costs represented 12% of production expenses for all farms, but 43% for greenhouse and nursery operations and 39% for fruit and tree nut operations. In the last five years in particular, real wages for farmworkers have grown at a rate of 1.8% per year, largely attributable to the fact that workers are becoming increasingly scarce.
For specialty crop growers, harvest seasons can span from as little as a few days to several months, and ensuring that adequate labor is available throughout the whole period, and at an affordable price, is a chief concern for many specialty crop growers.
Access to labor in fresh produce in particular is increasingly challenging for farmers due to many factors, including but not limited to:
- Wages are increasing faster than the farm gate price of many products, meaning that it is becoming increasingly expensive to employ labor to harvest and process produce.
- The reversal of overtime exemption for agricultural operations in key production states further contributes to the rising cost of labor. Farming is highly seasonal with spurts of intense labor requirements, but overtime laws mandate that employers (now including farmers, in states like CA, WA, NY) pay their employees extra for working beyond the standard 40 hours per week.
- Most field workers throughout the specialty crop world are not paid hourly but instead receive a “piece rate”; meaning their compensation is dictated by how much they picked. If field workers don’t pick enough to meet minimum wage standards while picking the grower must compensate the difference.
- Labor market competition - Individual growers compete for farm laborers with every other type of farming operation in their region. Certain types of labor, like harvest times, yield higher hourly returns for workers (because of the piece rate pay system.) This means, for instance, that a worker would rather pick cherries than get paid to thin apple trees because there is more money in picking than thinning. This results in labor deficits during relatively low-labor-intensity tasks. Equally competitive to other crops are jobs in industries like construction, food services, etc.
- Macroeconomic factors like declining birth rates in Mexico, a key source of the U.S. agricultural labor force, and an aging workforce in the U.S., mean that there is often insufficient supply of workers to meet the demand. As a result, many growers struggle to find enough labor to support their operations.
Insufficient labor for specialty crop producers throughout the growing season lead to significant production risks, including;
- Decreased Profitability/Losses: The rising cost of labor and the lack of available labor can significantly reduce the profitability of farms. Lack of labor can result in yield loss on a crop that has already been planted, fertilized, irrigated, and otherwise cultivated due to inability to harvest or the inability to make multiple passes through the field. If there is not enough labor to harvest in a timely manner, the produce can spoil and the resulting yield loss can be significant. If farmers are unable to meet the contractual obligations for delivery (particularly around quantity, quality, and price), they may be subject to penalties or fines, and they might lose customers for future seasons.
- Increased Production Risk: With an inadequate supply of labor, the risk of production failure increases.
- Labor Alternatives: With a lack of available labor, farmers may have to find alternatives, such as through automation or outsourcing, which, if inadequately developed, might also lead to increased costs. The rise of labor-saving mechanization, as well as mechanical aids (which don’t replace workers but increase their efficiency), has led to some reductions in labor demand. The harvest of certain specialty crops— especially those destined for the processing market— has been fully or almost fully mechanized.
- Movement away from high-labor crops: as workers become increasingly scarce, more farmers will likely abandon high-labor crops, and instead move towards alternative modes or types of production that involve fewer workers (like commodity grain production).
- Reduced domestic production of high labor intensity crops: in particular because domestic production is not price competitive with production in lower wage countries. Notably, the mandatory minimum wage in Mexico is equivalent to approximately 1/10th of the federal minimum wage in the United States.
- A Farm Labor Contractor (FLC) is an individual or organization that recruits, solicits, hires, employs, furnishes or transports migrant and/or seasonal agricultural workers or, provides housing to migrant agricultural workers.
- 44% of H-2A jobs certified in 2022 were for employment with FLCs, fewer only than those jobs certified to individual growers. An increasing number of FLCs operate between states.
- In order to legally operate as farm labor contractors, individuals and companies must register with the U.S. Department of Labor. There are special registration requirements for farm labor contractors that intend to house, transport, or drive a migrant or seasonal agricultural worker.Â
- Agricultural associations, agricultural employers, and their employees are not considered farm labor contractors and do not have to register. However, before they engage the services of any farm labor contractor, they must take reasonable steps to ensure that the contractor has a DOL certificate of registration valid for the services to be performed.
- Though the use of Farm Labor Contractors is often seen as a good strategy for farmers interested in de-risking their labor recruitment and retention— farms are not always insulated from responsibility for the employees of FLCs. The Migrant and Seasonal Agricultural Worker Protection Act recognizes that in some cases, FLCs and farms are joint employers of workers, which increases the responsibility farmers have towards the workers supplied by partner FLCs.
Federal Ag Labor Law Considerations
The rights of agricultural workers and duties of agricultural employers in the United States are widely governed by the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). However, some people and organizations, such as small businesses, some seed and tobacco operations, labor unions, and their employees, are exempt from MSPA and from some aspects (namely minimum wage and overtime pay provisions) of FLSA.
Notably, agricultural labor exemptions include only work performed on a farm which is directly related to a farmer's farming operation. It also does not include operations performed off a farm if performed by employees employed by someone other than the farmer whose agricultural products are being worked on.
Many youths (federally defined as under the age of 20) are employed in agriculture. There are separate laws that govern youth employment in the U.S., and many states have additional rules for underage labor.
- Agricultural employees must be paid the federal minimum wage, which is currently $7.25/hour of 2024. In states where the state minimum wage is set below the federal minimum wage, or where there is no set minimum wage, the federal minimum wage applies. In states where the state minimum wage is higher than the federal minimum wage, the state minimum wage applies.
- Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. Employers are responsible for paying minimum wage for all hours worked.
- Any employer in agriculture who did not utilize more than 500 "man days" of agricultural labor in any calendar quarter of the preceding calendar year is exempt from the minimum wage and overtime pay provisions of the FLSA for the current calendar year. A "man day" is defined as any day during which an employee performs agricultural work for at least one hour.
- Additional exemptions include:
- Agricultural employees who are immediate family members of their employer
- Those principally engaged on the range in the production of livestock
- Local hand harvest laborers who commute daily from their permanent residence, are paid on a piece rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceding calendar year
- Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16.
- Under federal law, employees who are employed in agriculture are exempt from the overtime pay provisions. They do not have to be paid 1.5 times their regular rates of pay for hours worked in excess of forty per week.
- As part of MSPA, ag employers must inform migrant and seasonal agricultural workers about prospective employment, including the work to be performed, wages to be paid, the period of employment, whether state workers’ compensation or state unemployment insurance will be provided.
- Ag employers must provide required information to seasonal workers when they are offered work, in writing if requested; and to migrant workers and seasonal day haul workers in writing when they are being recruited. Information must be written in English, Spanish or other language common to the workers, as appropriate. Once hired, migrant and seasonal workers have a right to receive upon request a written statement of such information.
- Ag employers must keep complete and accurate payroll records for all workers; in addition, farm labor contractors must give any other farm labor contractor, agricultural employer, or agricultural association to whom they supply workers, copies of payroll records for each worker supplied to that particular contractor, employer, or association.
- The FLSA has some additional record keeping requirements for farms.
- An employer may not employ an employee for more than 5 hours without providing the employee with a meal period of not less than 30 minutes, except that when a work period of not more than 6 hours will complete the day’s work the meal period may be waived by mutual consent of employer and employee. Unless the employee is relieved of all duty during a 30-minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked.
- An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
- Every employer shall authorize and permit all employees to take rest periods. The authorized rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or a major fraction thereof. Authorized rest period time shall be counted, as hours worked for which there shall be no deduction from wages.
- Each person who owns or controls housing provided to migrant agricultural workers must ensure that the facility complies with the Federal and state safety and health standards covering that housing. Migrant housing may not be occupied until it has been inspected and certified to meet these safety and health standards. The certification of occupancy must be posted at the site.
- Each vehicle used to transport migrant or seasonal agricultural workers must be properly insured and operated by a properly licensed driver. Each such vehicle must also meet Federal and state safety standards.
- The Field Sanitation Standard, set out by the Occupational Safety and Health Act, applies to workplaces where employees are engaged in “hand-labor,” which includes work done by hand or with hand-tools during cultivation, weeding, planting, and harvesting of vegetables, nuts, fruits, seedlings, or other crops, and the packing of produce in the field into containers. It does not apply to logging operations, livestock, or permanent structures (for example, canneries).
- The Field Sanitation Standard requires agricultural employers to provide the following, without cost to the employee:
- Potable drinking water: Agricultural employers must provide potable drinking water that is suitably cool and in sufficient amounts, taking into account the temperature, humidity, and nature of the work. It must be accessible to workers and dispensed in single-use cups or by fountain. Dippers, common cups, and reusable cups are not permitted.
- Toilets and hand washing facilities: One toilet and one hand-washing facility are required for every twenty (20) workers. Toilets must be adequately ventilated and constructed to ensure privacy, with doors that can be closed and locked from inside. Hand washing facilities should include potable water, soap and single-use towels to dry hands. Toilets and hand washing facilities must be located in close proximity to each other and within ÂĽ mile of each worker. If this is not possible, they must be located at the point of closest vehicle access.
- Notification of location of toilets, hand washing facilities, and drinking water, and allowance of reasonable use of these facilities: Employers must notify each employee of the location of water, hand washing, and toilet facilities. Employees must be allowed reasonable opportunities during the workday to use them.
- Maintenance of facilities in accordance with public health sanitation practices: Employers are responsible for ensuring that potable drinking water, toilet, and hand washing facilities are maintained in accordance with public health sanitation practices. Drinking water containers must be constructed of materials that maintain water quality and must be kept covered and regularly cleaned. Water must be refilled daily or as necessary. Hand washing facilities must be maintained in a sanitary condition and refilled with water as necessary. Toilet facilities must also be kept clean and waste must be disposed of in a sanitary fashion.
- Information on the importance of good hygiene: Employers are required to inform employees of the importance of good hygiene practices. They should indicate that these practices are important to minimize heat-related illness, communicable diseases, urine retention, and pesticide exposure. They must encourage employees to use the water and facilities provided for personal sanitation, to drink water frequently, urinate as frequently as necessary, wash hands both before and after using the toilet, and wash before eating or smoking.
- Federal law outlines rules for determining “hours worked,” which ordinarily includes all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. This can create ambiguity especially when farmworkers are paid a piece-rate rather than an hourly rate. However, piece-rate workers (including in agriculture) should still be making the federal minimum hourly wage on average for all hours worked, whether doing productive or non-productive work.
- Farm labor contractors, agricultural employers, and associations are prohibited from requiring workers to purchase goods or services solely from such contractor, employer, or association, or any person acting as an agent for such a person.
- There are additional federal rules around transportation safety when transporting migrant or seasonal farm laborers. Standards include requirements like use of seatbelts, licensing and insurance requirements, and vehicle parameters for driving off-road.
- Federal law requirements that when minors under the age of 16 are employed in agriculture, their parent, or person standing for their parent, also be employed at the same farm.
- Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment by their employer. The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire someone at the youth minimum wage.
Additional Resources
For the most recent, high-level updates on numbers of farmworkers on U.S. farms (including self-employed, unpaid, and hired workers), as well as wage rates and hired worker data by economic class of farm and type of farm, explore the National Ag Statistics Service’s Farm Labor Survey report. Or explore the The National Agricultural Workers Survey, an employment-based, random-sample survey of U.S. crop workers that collects demographic, employment, and health data in face-to-face interviews.
Find a more in-depth look at data, alternatives, and outlooks in some specific crops (including Washington apples, grapes, blueberries, lettuce, strawberries, lettuce, and melons, and tomatoes) in the Supplement to Adjusting to Higher Labor Costs in Selected U.S. Fresh Fruit and Vegetables.
- Most fresh fruit and vegetable imports into the U.S. are from Mexico. In 2017–19, Mexico supplied 75% of imported fresh vegetables, and was the major source of fresh fruit and vegetable imports, accounting for 49% of produce imports in terms of weight. Mexico’s major comparative advantages include climate (i.e., producing in winter when it is colder in the U.S.), lower labor costs relative to the United States, the ability to transport perishable commodities quickly, and tariff-free entry into the U.S. under the U.S.-Mexico-Canada Agreement (USMCA).
Farm Labor Considerations by State
The following state-level information on farm labor rules and regulations is not exhaustive, but offers a representative sampling of rules in states where the vast majority of hand-labor in agriculture takes place.
If you ware interested in additional information about a specific state or locality, or about an aspect of farm labor which is not included, you can contact your specific state or locality or additional information.
Arizona
- The state minimum wage in Arizona is currently $14.35/hour, effective Jan. 1, 2024, and agricultural workers are covered by the state minimum wage, with the exception of minimum wages for minors.
- Arizona defines hours worked as including: all time an employee is on duty or at the workplace as well as time the employee is working (whether asked to or not). On duty means they are working or waiting for work and are not permitted to use the time for their own purposes. Arizona guidance also says to follow federal rules on the definition of hours worked.
- The following are also exempt from Arizona minimum wage requirements:
- Agricultural employees who are immediate family members of their employer
- Businesses with less than $500,000 in annual gross revenue and that are exempt from federal minimum wage requirements
- There is no state requirement for overtime pay for agricultural workers in Arizona.
- Since 2017, all employers in Arizona, including farms, have been required to grant 1 hour of paid sick leave for every 30 hours worked. There are slight variations in requirements for employers with more or fewer than 15 employees, but no business is fully exempt.
- Agricultural workers are covered by the state workers’ compensation law with no exceptions. Employers are required to cover agricultural workers to same extent as other workers.
- Housing provided as a condition of employment must meet certain safety and health standards. In Arizona, both rules and enforcement are provided by the U.S. Department of Labor’s Wage and Hour Division.
- Arizona law does not explicitly address standards for permanent agricultural housing, though general landlord/tenant or public health laws apply.
- There is no state law requiring rest or meal breaks in Arizona for adults.
- Arizona law requires employers to provide the following for employees engaged in hand-labor operations at an agricultural establishment without cost to the employee:
- Potable drinking water as follows: a. Potable water shall be provided and shall be placed in locations readily accessible to all employees. b. The water shall be suitably cool, no more than 80°F, and in sufficient amounts, a minimum of two gallons per employee, taking into account the air temperature, humidity and the nature of the work performed, to meet employees' need. c. The water shall be dispensed in single-use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited.
- Toilet and hand washing facilities as follows: a. One toilet facility and one hand washing facility shall be provided for each 40 employees or fraction thereof. b. Toilet facilities shall have doors that can be closed and latched from the inside and shall be constructed to ensure privacy. c. Toilet and hand washing facilities shall be accessibly located, in close proximity to each other and within 1/4 mile of each employee's place of work in the field. If it is not feasible to locate facilities accessibly and within the required distance due to the terrain, facilities shall be located at the point of closest vehicular access. D. Toilet and handwashing facilities are not required for employees who perform field work for a period of three hours or less (including transportation time to and from the field) during the day.
- Potable drinking water and toilet and hand washing facilities shall be maintained in accordance with appropriate public health sanitation practices, including all of the following:
- Drinking water containers shall be covered, cleaned and refilled daily.
- Toilet facilities shall be operational and maintained in clean and sanitary condition and shall be supplied with toilet paper adequate for employee needs.
- Handwashing facilities shall be maintained in clean and sanitary condition.
- Disposal of wastes from facilities shall not cause unsanitary conditions.
- Employees shall be allowed reasonable opportunities during the workday to use the facilities.
Arizona law does regulate the work of minors in agriculture. To work during school hours in agriculture, workers must be over the age of 16, to work outside of school hours, workers must be over the age of 14. Other rules apply.
California
The rights of agricultural workers and duties of agricultural employers in the State of California are described in Industrial Welfare Commission Order No. 14-2001. This order protects employees engaged in the preparation and treatment of farmland as well as the care and harvesting of crops. Agricultural workers include employees engaged in sheepherding, irrigation, and licensed crew members on commercial fishing vessels.
- All employers, regardless of the number of employees, are required to pay agricultural workers $16.00 per hour for all hours worked, effective January 1, 2024. Paying at least this minimum wage per hour is required even if remuneration is measured by piece, commission, or some other quantifier.
- LEARNERS: Employees during their first 160 hours of employment in occupations in which they have no previous similar or related experience, may be paid not less than 85% of the minimum wage rounded to the nearest nickel. This does not apply to apprentices.
- SPLIT-SHIFTS: When an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.
- Sheepherders and Goatherders: The monthly minimum wage for sheepherders or goat herders employed on a regularly scheduled 24-hour shift on a seven-day-a-week “on call” basis shall be, effective January 1, 2023, $2,755.48 per month regardless of the number of employees. Payment of the monthly minimum wage does not relieve an employer of the obligation to compensate for overtime work as required in Section 3 of this order. Wages paid to sheepherders or goat herders shall not be offset by meals or lodging provided by the employer.
Assembly Bill 1066Â (2016) created a timetable for agricultural workers to receive overtime pay so that they will gradually receive overtime pay on the same basis as workers in most other industries.
The number of hours worked per day or per week before overtime pay is required at a rate of one and one-half times the agricultural employee’s regular rate of pay will phase in as described below.
Schedule for Changes to Daily and Weekly Hours After Which Agricultural Workers Receive Overtime Pay
Effective date for employers with 26 or more employees: | Effective date for employers with 25 or fewer employees | Overtime (1.5x regular rate of pay) required after the following hours per day/hours per workweek: |
Jan. 1, 2019 | Jan. 1, 2022 | 9.5 / 55 |
Jan. 1, 2020 | Jan. 1, 2023 | 9 / 50 |
Jan. 1, 2021 | Jan. 1, 2024 | 8.5 / 45 |
Jan. 1, 2022* | Jan. 1, 2025* | 8 / 40 |
*Double the regular rate of pay required after 12 hours in a workday.
Beginning January 1, 2017, agricultural workers are entitled to all statutory protections in the working hours and overtime requirements in Labor Code sections 500 through 556, and Labor Code section 558.1. These protections include, for example, standards regarding meal periods, alternative workweek schedules, make-up work time, the collective bargaining agreement exemption, the one day’s rest in seven requirements, and the administrative, executive, or professional overtime exemption standard.
Agricultural employees are also generally entitled to time and one-half pay for the first eight hours worked on the seventh consecutive day of work and double-time pay for all work performed in excess of eight hours on the seventh consecutive day of work. These protections from Wage Order 14 (Agricultural Employers) continue to apply, consistent with Labor Code section 510, regardless of employer size.
Depending on the crop being harvested, sometimes workers are summoned to a field only to be required to wait for appropriate harvest conditions to materialize, and sometimes they never do, and workers may spend hours waiting at a site before beginning work, or be dismissed without doing any work at all. In this case, California law still requires farm workers to be compensated.
Each workday that an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less than the minimum wage. If an employee is required to report for work a second time in any one workday and is furnished less than two (2) hours of work on the second reporting, said employee shall be paid for two (2) hours at the employee’s regular rate of pay, which shall not be less than the minimum wage.
- An employer may not employ an employee for more than 5 hours without providing the employee with a meal period of not less than 30 minutes, except that when a work period of not more than 6 hours will complete the day’s work the meal period may be waived by mutual consent of employer and employee. Unless the employee is relieved of all duty during a 30-minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked.
- An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
- Every employer shall authorize and permit all employees to take rest periods. The authorized rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or a major fraction thereof. Authorized rest period time shall be counted, as hours worked for which there shall be no deduction from wages.
- Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer’s minimum wage obligation, the amounts so credited may not be more than the following:
EFFECTIVE: JANUARY 1, 2023
All Employers regardless of number of Employees | |
LODGING: Room occupied alone
| $72.88/week |
Room shared
| $60.16/week |
Apartment — 2/3rds of the ordinary rental value, and in no event more than: | $875.33/month |
Where a couple are both employed by the employer, 2/3rds of the ordinary rental value, and in no event more than: | $1294.83/month |
MEALS | Breakfast $5.60
Lunch $7.72
Dinner $10.35 |
- Farms that employ hand-labor must provide:
- Potable water shall be provided during working hours and placed in locations readily accessible to all employees. Access to such drinking water shall be permitted at all times. The water shall be fresh and pure, suitably cool, and in sufficient amounts, taking into account the air temperature, humidity, and the nature of the work performed, to meet the needs of all employees. The water shall be dispensed in single-use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited. Drinking water containers shall be constructed of materials that maintain water quality, and shall be provided with a faucet, fountain, or other suitable device for drawing the water.
- Toilet and handwashing facilities. Separate toilet facilities for each sex shall be provided for each twenty (20) employees or fraction thereof. One handwashing facility shall be provided for each twenty (20) employees or fraction thereof. Urinals may be installed instead of water closets in toilet rooms to be used only by men provided that the number of water closets shall not be less than two-thirds the minimum number of toilet facilities. There are some exceptions. Facilities must be appropriately maintained following the guidelines as laid out by the state of California. Toilet and handwashing facilities shall be accessibly located and in close proximity to each other. The facilities shall be located within a one-quarter (1/4) mile walk or within five (5) minutes, whichever is shorter. Where due to terrain it is not feasible to locate facilities as required above, the facilities shall be located at the point closest to vehicular access.
- Maintenance standards: Potable drinking water facilities, toilet facilities, and handwashing facilities, which are under the control of the employer, shall be serviced and maintained by the employer at all times in accordance with appropriate public health sanitation practices.
- The disposal of wastes from toilet or handwashing facilities shall not cause unsanitary conditions, nuisance, or contamination.
- Reasonable use: The employer shall notify each employee of the location of the sanitation facilities and potable water and shall allow each employee reasonable opportunities during the workday to use these facilities. The employer shall ensure that employees use the sanitation facilities provided and shall inform each employee of the importance of good hygiene practices to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine, and agrichemical residues.
- The cost of uniforms, equipment, and damage to tools or equipment that occurs during ordinary carrying out of duties are the responsibility of employers, not agricultural workers.
Colorado
The rights of agricultural workers and duties of agricultural employers in the State of Colorado are outlined in a number of different rules and statutes, with updates as recently as 2021. Colorado’s Agricultural Workers’ Rights bill (SB21-08) included the most recent updates to the state’s regulations related to farm work.
- The minimum wage in the state of Colorado is $14.42 as of January 1, 2024, and applies to agricultural workers.
- As of Jan. 1, 2024, the first phase of Colorado’s overtime pay regulations will go into effect, which requires farmworkers to be paid overtime (1.5 times their normal rate) for any hours worked over 60 hours in an individual workweek.
- There are multiple exception to this requirement, including for seasonal ag employers and small farms.
- Farmworkers are entitled to meal breaks and rest periods during each work period, consistent with existing state protections for other workers. This includes an entitlement to uninterrupted/duty-free meal period of at least 30 minutes when the farmworker’s shift exceeds a 5 consecutive hours.
- Agricultural workers are covered by the state workers’ compensation law. Employers are required to cover agricultural workers to same extent as all other workers.
- Colorado has state regulations governing Sanitary Standards for Labor Camps. Pre-occupancy Inspections are carried out by the Colorado Department of Labor and Employment, though the Occupational Safety and Health Administration also has authority to conduct housing inspections.
- Housing for migrant workers must be compliant with federal and state safety and health standards, and must be inspected and certified to that effect with the certification posted publicly at the site.
- Specific requirements include those related to:
- Water supply
- Excreta and liquid waste disposal
- Housing site and building standards
- Screening
- Heating
- Lighting and electricity
- Toilets
- Bathing, laundry and hand washing
- Cooking and eating facilities
- Garbage and other refuse
- Insect and rodent control
- Sleeping facilities
- Fire, safety and first aid
- Colorado has not passed its own specific agricultural field sanitation rules, and so farms fall under the jurisdiction of the US Department of Labor’s Field Sanitation Standards.
Florida
The rights of agricultural workers and duties of agricultural employers in the State of Florida are primarily found within the Florida Minimum Wage Act.
- Farmworkers are eligible or minimum wage in the state of Florida, which is currently $12.
- Subsequently, the state’s hourly minimum wage is scheduled to rise to:
- $12 on Sept. 30, 2023;
- $13 on Sept. 30, 2024;
- $14 on Sept. 30, 2025; and
- $15 on Sept. 30, 2026.
- Beginning in 2027, the state minimum wage will be annually adjusted based on changes to the consumer price index, and the increased minimum wage will go into effect on the following Jan. 1.
- Agricultural worker coverage in Florida is co-extensive with FLSA. Agricultural workers exempt from FLSA are also exempt from the Florida minimum wage law.
- There is no state requirement for overtime pay for agricultural workers in Florida. Therefore, Florida farmers are required to follow FLSA rules for overtime.
- Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. Florida state law does not require workers’ compensation coverage if employers have five or fewer regular employees and fewer than 12 other employees at one time for seasonal agricultural labor that is completed in less than 30 days, provided such seasonal employment does not exceed 45 days in the same calendar year.
- The Florida Department of Health sets out explicit requirements for migrant worker housing, pursuant to Chapter 54E-14, Florida Administrative Code. These standards include requirements for;
- Buildings and structures
- Water supply
- Garbage and refuse disposal
- Pesticide use, storage, and disposal
- Insect and rodent control
- Heating and lighting
- Sewage and liquid waste disposal
- Plumbing
- Personal hygiene facilities
- Field sanitation facilities
- Food service facilities
- Sleeping facilities, beds and bedding
- Florida does not have a law requiring employers to provide meal periods or breaks to employees 18 years or older.
- Florida has adopted specific field sanitation rules that include;
- Where 5 to 10 hand-laboring farmworkers are employed in one location at one time, a field sanitation facility, consisting of 1 toilet facility and 1 hand washing unit shall be provided. The toilet and hand washing unit shall be located adjacent to each other. The facility shall be located within a one-quarter-mile walk of any hand-laborer's place of work in the field. Where it is not feasible to locate facilities as required above due to terrain, the facilities shall be located at the point of closest vehicular access.
- Field toilet facilities shall be constructed and maintained, emptied at least weekly, and provide a minimum storage capacity of 50 gallons per unit. Waste from all field toilet facilities shall be disposed by a method approved by the county health department. The department shall approve portable water flushed units when determined appropriate for a particular situation. Toilet facilities shall have a screened ventilation opening and self-closing doors that can be closed and latched from the inside and shall be constructed to ensure privacy.
- Field hand washing units shall be convenient and supplied with potable water in portable containers and shall be provided with soap or other cleanser and single use hand-drying towels. A waste container shall be provided for the used towels, and the wastewater from the hand washing unit shall not cause a sanitary nuisance.
- Drinking water shall be potable and provided in containers constructed of smooth, impervious, corrosion resistant material Hydrocoolers or water coolers constructed as such are acceptable for use. Potable water containers shall be maintained by sanitary methods. The interiors of potable water containers shall be cleaned and sanitized at least daily. The containers shall be marked with the words “Drinking Water”, in English and in the native language of the majority of the workers. Single service cups shall be provided unless bottled water is provided or water is dispensed from a fountain equipped with an angled, protected jet outlet. Ice used for cooling drinking water shall be made from potable water. The water shall be suitably cool and in sufficient amounts, taking into account the air temperature, humidity and the nature of the work performed, to meet the needs of all employees. County health department staff, during the normal course of their work, shall take water samples at random to ensure the potability of the drinking water.
- The owners, operators, crewleaders, or primary persons in charge shall ensure that sanitary facilities are available (handwashing receptacles, soap, water, etc.) to allow for washing of hands after working in the fields and before drinking, eating or smoking tobacco. Farmworkers shall be reminded not to eat unwashed produce from the field or use pesticide containers or other items from the field for food or drinking containers to prevent accidental ingestion of pesticide residues.
Georgia
The rights of agricultural workers and duties of agricultural employers in the State of Georgia are governed by the Georgia Department of Labor, but are also generally minimal and therefore are largely limited to the federal Fair Labor Standards Act (FLSA).
- The state minimum wage in Georgia is $5.15/hour, which means the federal minimum wage of $7.25/hour applies.
- The state minimum wage law does not apply to employers covered by the federal Fair Labor Standards Act. Although agricultural workers are not outright excluded, in practice, most will be covered by FLSA and, therefore, excluded from the state minimum wage law.
- There is no state requirement for overtime pay for agricultural workers in Georgia.
- Farmworkers are exempt from workers’ compensation in Georgia, though employers can elect to provide coverage to their workers if they choose.
- Due to Georgia’s lack of state regulations around farmworker housing, the 2022 rule for H-2A temporary worker housing applies for workers in the H-2A visa program.
- These requirements include:
- Minimum square footage required for rooms used for sleeping
- Requirement of beds, cots, or bunks, and suitable storage facilities in rooms used for sleeping
- Minimum square footage in a room where workers cook, live, and sleep
- Requirement of stove(s) and sanitary kitchen facilities (when the employer is not providing three meals a day)
- Proper installation of eating, cooking, and water heating equipment; requirement of heating during cold weather
- Water supply for drinking, cooking, bathing, and laundry
- Adequate toilet facilities, kept in sanitary condition and are cleaned at least daily
- Laundry, handwashing, and bathing facilities
- Lighting
- Garbage containers kept clean, emptied when full, but at least twice a week
- Insect and rodent control
- There is no state law requiring rest or meal breaks in Georgia.
- Georgia does not have state level rules that govern field sanitation, and therefore follows federal regulations as laid out in the Field Sanitation Standard.
Idaho
The rights of agricultural workers and duties of agricultural employers in the State of Idaho are governed by the Idaho Department of Labor, but are limited and therefore rely on the federal Fair Labor Standards Act (FLSA).
- The state minimum wage in Idaho is $7.25/hour, which applies to agricultural workers with some exceptions; including:
- Any individual employed in agriculture if the employee is the parent, spouse, child or other member of his employer’s immediate family; or is older than sixteen years of age and: employed as a harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and commutes daily from his permanent residence to the farm on which he is so employed, and has been employed in agriculture less than thirteen weeks during the preceding calendar year
- Employees who are sixteen or under and is employed as a harvest laborer, is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and is employed on the same farm as his parent or person standing in the place of his parent, and is paid at the same piece-rate basis as employees over the age of sixteen (16) years are paid on the same farm.
- Employees is principally engaged in the range production of livestock
- The law does not require farmworkers to be paid only on an hourly basis. They can work and be paid on a piece rate basis. However, when working on a piece rate basis, employers must keep records to document that the amount earned by piece rate is not less than the state and federal minimum wage of $7.25 an hour.
- There is no state requirement for overtime pay for agricultural workers in Idaho.
- Agricultural workers are covered by Idaho’s workers’ compensation law with no exceptions. Employers are required to cover agricultural workers to same extent as all other workers.
- In Idaho, farmworker housing is regulated by the Idaho Division of Building Safety (DBS). The DBS enforces the rules outlined in the "Idaho Farm Labor Contractor Registration Act."
- Farm labor contractors in Idaho must register with the Idaho Division of Building Safety. This registration includes provisions for minimum housing standards that must be met for farmworker housing. These standards cover areas such as sanitation, safety, ventilation, heating, lighting, occupancy limits, and more.
- The Division of Building Safety may conduct inspections of farmworker housing to ensure compliance with the established standards. Non-compliance with farmworker housing regulations can result in penalties and other enforcement actions.
- There is no state law requiring rest or meal breaks in Idaho.
- Idaho has state level rules that govern field sanitation, which states; that the provision of toilet facilities for workers working in fields in the growing and harvesting of crops is necessary to preserve sanitation and health and that the provision of these basic facilities is also necessary for the privacy and dignity of such workers.
New York
The rights of agricultural workers and duties of agricultural employers in the State of New York are outlined in a number of different rules and statutes, with updates as recently as 2019. The New York State Department of Labor sets out this “Farmer’s Guide to the New York State Department of Labor” to highlight many of the key provisions.
- The minimum wage in the state of New York outside of New York City, Nassau, Suffolk, and Westchester County is $16.00/hour as of January 1, 2024, and will rise to $26.50 on January 1st, 2025.
- This standard is guaranteed by the Minimum Wage Standards and Protective Labor Practices for Farmworkers. Additionally, the Farm Laborers Fair Labor Practices Act (passed in 2019) altered the definition of “Employee” by removing “in labor on a farm” as an exception to employee.
- There is no exception to the minimum for minor workers.
- Though it is permitted to pay a piece rate, the piece rate must yield a wage equal to or greater than the minimum wage, even when the employee is a minor, and must also include applicable overtime.
- The Farm Laborers Fair Labor Practices Act grants overtime compensation for all farmworkers at 1.5 times their regular rate for hours worked over 60 hours in any calendar week, or for any work carried out on designated rest days, beginning in January 2020. This includes foreign visa workers (H-2A).
- This rule requires that there be at least one, 24 hour day of rest (without any work) in every calendar week. If a laborer works on their day of rest, they must be paid 1.5 times their regular rate for all hours, regardless of whether they have surpassed the 60 hour weekly limit.
- Agricultural workers are covered by the state workers’ compensation law, and beginning on January 1, 2020, all farms, regardless of payroll and number of employees, must obtain workers’ compensation coverage.
- Additionally, farm labor contractors, forepersons and supervisors who receive notice of an injury must notify the employer, owner or operator of the farm where the injury occurred, and employers are prohibited from discriminating against farm laborers who request workers' compensation claim forms.
- Farm employers, owners and operators are required to provide New York's disability benefits (DB) and Paid Family Leave (PFL) insurance coverage to eligible farm laborers.
- Farm employers, and farm crew leaders under certain conditions, are required to provide unemployment insurance coverage for their employees. H-2A Foreign Guest Workers are excluded from unemployment insurance coverage.
- The Department of Health process for obtaining a labor camp permit for a new facility can range from six months to a year or longer. The permitting process requires the annual review of a detailed permit application and an evaluation of the following items:
- Structural integrity and maintenance
- Fire safety
- Water supply and compliant well-water testing results
- Sewage treatment system
- Laundry facilities
- Food service
- General sanitation and trash disposal
- Both the Department of Labor and the Department of Health in New York State have responsibilities in regards to housing migrant seasonal farmworkers.
- Migrant farm laborers cannot be charged for housing or utilities. Non-migrant workers can be charged.
- New York state has passed its own field sanitation rules.
- Every grower or processor who employs or uses paid farm hand workers, farm field workers or farm food processing workers, whether or not he or she uses the services of a farm labor contractor, shall, at his or her own expense, provide or make available to such workers toilet and handwashing facilities, including transportation to such facilities.
- Where five or more workers are employed in one location at the same time, at least one toilet and handwashing facility shall be provided at such location for every twenty workers or fraction thereof. Toilet and handwashing units shall be located together. Such facilities shall be located within a one-quarter mile walk of most hand-laborers or at the closest point that may be accessible by motor vehicle.
- Where more than 20 paid farm hand workers, farm field workers or farm food processing workers are employed in one location at the same time and 50% or more of such workers are women, one toilet shall be designated with appropriate signs for men and one toilet designated with appropriate signs for women. Toilet and handwashing units shall be located together. Such facilities shall be located within a one-quarter mile walk of most hand-laborers.
North Carolina
The rights of agricultural workers and duties of agricultural employers in the State of North Carolina are governed by the North Carolina Department of Labor, but are also generally limit and therefore are largely rely on the federal Fair Labor Standards Act (FLSA).
- The state minimum wage in North Carolina is $6.15/hour, which means the federal minimum wage of $7.25/hour applies.
- The state minimum wage law does not apply to employers covered by the federal Fair Labor Standards Act, and therefore agricultural workers are not covered by the state minimum wage law.
- There is no state requirement for overtime pay for agricultural workers in North Carolina.
- Farmworkers are covered by North Carolina’s workers’ compensation law, though the law’s provisions do not apply to farm laborers when fewer than 10 full-time non-seasonal farm laborers are regularly employed by the same employer, unless employer opts to purchase workers’ compensation insurance.
- The Migrant Housing Act of North Carolina sets out requirements for migrant housing conditions, including those for housing inspections and permitting. Requirements include:
- Water quality and sanitation
- Adequate heating and cooling
- Lighting
- Sanitation facilities
- Fire safety features
- Food preparation facilities
- Vermin free living and storage facilities
- Commission for Public Health compliance
- Bedding
- Federal migrant worker housing standards are also adopted and enforced by the Department of Labor in North Carolina.
- There is no state law requiring rest or meal breaks in North Carolina.
- There is a state law regarding field sanitation, which imposes the federal OSHA requirements, which are adopted and enforced by the state OSH agency.
Oregon
The rights of agricultural workers and duties of agricultural employers in the State of Oregon are governed by OAR 839-020-0004 which, in the wake of House Bill 4002 (2022) has expanded protections for farm workers around minimum wage, overtime requirements, and other priorities.
- Minimum wage rates in Oregon vary by county (as of July 1, 2024 through June 30, 2025);
- $15.95/hr: Portland Metro (including parts of Clackamas, Multnomah, and Washington Counties)
- $14.70/hr: Standard (including Benton, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Polk, Tillamook, Wasco, Yamhill, and parts of Clackamas, Multnomah, and Washington Counties outside the urban growth boundary.)
- 13.70/hr: Non-urban (including Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler Counties.)
- Small farms may be exempt from minimum wage requirements if; the employer did not employ more than 500 piece-rate workdays in any calendar quarter of the preceding calendar year, the employer’s hand harvesters and pruning laborers who are paid on a piece-rate basis are exempt from minimum wage for the entire following year. If this criteria is met, the hand harvesters and pruning laborers would also be exempt from any overtime pay requirements.
- Minimum wage requirements do not apply to;
- Members of the employer’s immediate family
- Local (commute daily from their permanent residence) hand harvest or pruning workers (including minors) who are paid piece rate and who work fewer than 13 weeks during the year in agriculture
- Migrant hand harvest workers 16 years or younger who are paid the same piece rate as workers over 16
- Harvest or pruning workers who are paid piece rate by an employer who did not exceed 500 piece-rate workdays in any quarter of the previous calendar year
- Administrative, executive or professional workers
- Workers whose duties meet the federal definition of range production of livestock and who are paid on a salary basis.
- Employers are required to pay overtime at the rate of 1.5 times the worker’s regular pay rate to agricultural workers after they work;
- 55 hours in one workweek, as of Jan 1, 2023.
- 48 hours in one workweek, as of Jan 1, 2025.
- 40 hours in one workweek, as of Jan 1, 2027.
- Piece-rate workers qualify for overtime payments if their workweek exceeds the hours stated above.
- Overtime requirements do not apply to;
- Members of the employer’s immediate family
- Local hand harvest or pruning workers who are paid piece rate and who work fewer than 13 weeks during the year in agriculture
- Migrant hand harvest workers 16 years or younger who are paid the same piece rate as workers over 16
- Harvest or pruning workers who are paid piece rate by an employer who did not exceed 500 piece-rate workdays in any quarter of the previous calendar year
- Administrative, executive or professional workers
- All farm workers are covered by workers compensation law, so farmworkers injured during the course of their employment are eligible for full workers’ compensation coverage.
- Farmworkers are eligible for unemployment insurance benefits if their employer meets the definition of a farm and pays more than $20,000 in wages in a calendar quarter.
- Agricultural employers are required to annually register their farmworker housing with the Oregon Occupational Safety and Health Division (OR-OSHA). These housing facilities must comply with minimum health and safety standards.
- OR-OSHA standards specify requirements for the housing site,
- shelter and housing
- water supply
- toilet facilities
- sewage disposal
- laundry
- hand washing and bathing facilities
- electrical safety and lighting
- refuse and garbage disposal
- cooking and eating facilities
- screening
- insect and rodent control
- fire, safety and first aid procedures, equipment, and supplies
- reporting of communicable diseases
- Oregon law requires that, for work periods of at least six hours, employers provide their employees with a meal period that is at least 30 minutes of uninterrupted time in which the employee is relieved of all duties.
- There are some exceptions to this requirement. One exception provides that employers that can show that providing a meal period would impose an “undue hardship” on the operation of the employer’s business are not required to provide 30-minute uninterrupted meal periods. But Oregon law requires that the employer must still provide adequate time to rest, to consume a meal, and to use the restroom without deduction from pay.
- In addition to meal periods, employers are required to provide rest periods. An employer is required to provide an employee a paid rest period of at least ten minutes (at least 15 minutes for minor employees under the age of 18) for every segment of two to four hours worked in one work period. “Work period” means the period between the time the employee begins work and the time the employee ends work, including rest periods and paid meal periods. As the nature of the work allows, the rest period is to be taken approximately in the middle of each segment of two to four hours worked. A rest period is in addition to and taken separately from the time allowed for a meal period. Rest periods must be uninterrupted periods during which the employee is relieved of all duties.
- The employer or farm labor contractor must provide water, toilets and hand-washing facilities in the field at convenient locations. The employer or contractor must provide clean, sanitary water drinking cups for all workers. The toilets must be clean, sanitary and private. There must be at least one toilet for every 20 workers, and men and women must be given separate toilets. The employer must provide hand-washing facilities with clean water, soap, paper towels and trash containers.
- The employer must post notices if a field or work space has recently been treated with pesticides or chemicals. Workers applying pesticides must be given the proper training and protective clothing. If workers are exposed to pesticides on the job, this qualifies them for workers’ compensation.
- Minors must be paid the minimum wage in agriculture in Oregon, though there is a minimum wage exemption for all hand harvesters who are 16 years old and younger, as long as they are paid on the same piece-rate basis as older workers.
South Carolina
The rights of agricultural workers and duties of agricultural employers in the State of South Carolina are generally minimal and therefore largely limited to the federal Fair Labor Standards Act (FLSA).
- There is no minimum wage law in the state of North Carolina, which means the federal minimum wage of $7.25/hour applies.
- However, because farmworkers are covered by the federal Fair Labor Standards Act, they are excluded from the minimum wage.
- There is no state requirement for overtime pay for agricultural workers in South Carolina.
- Farmworkers are exempt from workers’ compensation in South Carolina, though employers can elect to provide coverage to their workers if they choose.
- Due to South Carolina’s lack of state regulations around farmworker housing, the 2022 rule for H-2A temporary worker housing applies for workers in the H-2A visa program.
- These requirements include:
- Minimum square footage required for rooms used for sleeping
- Requirement of beds, cots, or bunks, and suitable storage facilities in rooms used for sleeping
- Minimum square footage in a room where workers cook, live, and sleep
- Requirement of stove(s) and sanitary kitchen facilities (when the employer is not providing three meals a day)
- Proper installation of eating, cooking, and water heating equipment; requirement of heating during cold weather
- Water supply for drinking, cooking, bathing, and laundry
- Adequate toilet facilities, kept in sanitary condition and are cleaned at least daily
- Laundry, handwashing, and bathing facilities
- Lighting
- Garbage containers kept clean, emptied when full, but at least twice a week
- Insect and rodent control
- There is no state law requiring rest or meal breaks in South Carolina.
- South Carolina does not have state level rules that govern field sanitation, and therefore follows federal regulations as laid out in the Field Sanitation Standard.
Texas
The rights of agricultural workers and duties of agricultural employers in the State of Texas are generally minimal and therefore are largely limited to the federal Fair Labor Standards Act (FLSA).
- The state minimum wage in Texas is aligned with the federal minimum wage, which is currently $7.25/hour.
- The state minimum wage law does not apply to employers covered by the federal Fair Labor Standards Act, and ag workers employed in dairy and other types of livestock production are excluded.
- An agricultural employer who did not have more than 500 "man days" of agricultural labor in any calendar quarter of the preceding calendar year is exempt from the minimum wage provisions of the FLSA for the current calendar year. A "man day" is defined as any day during which an employee does agricultural work for at least one hour.
- The following are also exempt from the Act's minimum wage requirements:
- Agricultural employees who are immediate family members of their employer
- Those principally engaged on the range in the production of livestock
- Local hand harvest laborers who commute daily from their permanent residence, are paid on a piece-rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceding calendar year
- Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece-rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16
- There is no state requirement for overtime pay for agricultural workers in Texas.
- Workers’ compensation in Texas is elective; employers are not required to obtain workers’ compensation coverage unless they are public employers or another law requires them to obtain coverage.
- Migrant labor housing must be licensed in Texas and meet minimum standards of construction, sanitation, equipment, and operation, including;
- facility construction;
- Sanitary conditions;
- Water supply;
- toilets;
- sewage disposal;
- Storage, collection, and disposal of refuse;
- Light and air;
- Safety requirements;
- Fire protection;
- equipment;
- Maintenance and operation of the facility;Â and
- Any other matter appropriate or necessary for the protection of the health and safety of the occupants.
- Details of specific migrant labor housing facility standards are provided in the Texas Administrative Code, Title 10, Part 1, Chapter 90, Rule §90.4.
- Though these requirements exist, the state of Texas has recently spent so little on migrant housing inspections that many facilities go unlicensed.
- There is no state law requiring rest or meal breaks in Texas.
- Texas regulates agricultural field sanitation in accordance with federal regulations as laid out in the Field Sanitation Standard.
Virginia
The rights of agricultural workers and duties of agricultural employers in the State of Virginia are governed by the Virginia Department of Labor, but are limited and therefore rely on the federal Fair Labor Standards Act (FLSA).
- The state minimum wage in Virginia is currently $12/hour, though farmworkers are completely excluded from this protection.
- There is no state requirement for overtime pay for agricultural workers in Virginia.
- Agricultural workers are covered by Virginia’s workers’ compensation law, though Farm and horticultural laborers’ employer must have in service more than 3 full-time employees for them to qualify.
- In Virginia, farmworker housing is regulated by the Virginia Department of Health, and housing farmworkers requires a permit which includes a required inspection.
- Requirements include:
- Water quality and sanitation
- Conforming with uniform statewide building codes
- Sewage disposal
- Vermin free living and storage facilities
- Trash and garbage collection
- There is no state law requiring rest or meal breaks in Virginia.
- Virginia has state level rules that govern field sanitation, requiring agricultural employers to provide the following for employees engaged in hand-labor operations in the field, without cost to the employee:
- Potable drinking water, placed in locations readily accessible to all employees. The water shall be suitably cool and in sufficient amounts, taking into account the air temperature, humidity and the nature of the work performed, to meet the needs of all employees. The water shall be dispensed in single-use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited.
- Toilet and handwashing facilities. One toilet facility and one handwashing facility shall be provided for each twenty (20) employees or fraction thereof, except as stated in paragraph (c)(2)(v) of this chapter. Toilet facilities shall be adequately ventilated, appropriately screened, have self-closing doors that can be closed and latched from the inside and shall be constructed to insure privacy. Toilet and handwashing facilities shall be accessibly located and in close proximity to each other. The facilities shall be located within a one-quarter-mile walk of each hand laborer's place of work in the field.
- The employer must notify each employee of the location of the sanitation facilities and water and shall allow each employee reasonable opportunities during the workday to use them. The employer also shall inform each employee of the importance of each of the following good hygiene practices to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine and agrichemical residues; Use the water and facilities provided for drinking, handwashing and elimination; Drink water frequently and especially on hot days; Urinate as frequently as necessary; Wash hands both before and after using the toilet; and Wash hands before eating and smoking.
Washington
The rights of agricultural workers and duties of agricultural employers in the State of Washington have been most recently updated in the passage of ESSB 5172, a bill expanding the state Minimum Wage Act’s overtime protections to all agricultural workers. This law went into effect on July 25th, 2021, and includes all ag workers including piece-rate workers. The phase-in period has ended. Dairy workers are entitled to overtime pay after 40 hours of work per week effective Nov. 5th, 2020.
- Ag workers must earn at least the Washington State minimum wage for all hours worked and for mandated rest breaks, even if their compensation is based on a piece rate. This wage for 2024 is $16.28/hour for workers 16 years of age and older.
- For piece-rate workers, employers much pay workers the agreed wage or minimum wage, whichever is greater. Piece-rate pay does not include the pay for agricultural employees for their piece-rate down time, so employers must provide separate compensation for time spent performing these duties. Piece-rate down time must be paid the minimum wage or an agreed wage, whichever is greater.
- Employers participating in the H2A program much offer, advertise and pay the adverse effect prevailing wage rate, which is $19.25 effective Jan. 1, 2024.
- Employers are obligated to pay at least the minimum wage to piece-rate workers, even during “piece-rate down time” activities, which include moving between orchards or waiting for equipment or tools to be repaired.
- Hand-harvest laborers who fit the following criteria are exempt from minimum wage laws: Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year.
- Non-discretionary bonuses are bonuses that are guaranteed to workers for meeting certain production rates. These bonuses can be paid based on a defined time period or at the end of the entire harvest season. These bonuses must be included when calculating a piece-rate worker’s regular rate of pay (which is total compensation earned in a workweek divided by the total hours worked, excluding rest breaks). When workers receive a non-discretionary bonus, their rest break pay must be retroactively recalculated and the difference paid to the worker.
- Employers are obligated to keep records of all rates of pay, piece rate units produced, rest breaks, and the amount of time spent performing these duties.
- For non-dairy ag workers, employees will be entitled to overtime pay, which must be at least 1.5 times the employee’s regular rate of pay, for any hours in a workweek that exceed:
- 55 hours, beginning Jan. 1, 2022
- 48 hours, beginning Jan. 1, 2023
- 40 hours, beginning Jan. 1, 2024
- Employees cannot waive their right to overtime pay.
- Employees have a right under Washington law to take rest breaks and meal periods. Employees under 18 have different standards for rest breaks and meal periods.
- All workers must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked. The right to receive paid rest breaks cannot be waived by the worker or employer.
- Hourly workers must be paid their regular hourly rate during their rest breaks. For workers with more than one hourly rate, or who have both hourly and piece rate pay, calculate their regular hourly rate by totaling the weekly amount of pay and divide by the hours worked.
- Piece-rate workers must be paid “on the employer’s time,” which is based on their regular rate of pay or the minimum wage, whichever is greater.
- A worker’s “regular rate of pay” is calculated by dividing:
- Their total weekly earnings, by
- Their total active hours of work, excluding rest breaks.
- This calculation must include any non-discretionary bonuses, including those paid after harvest, which are retroactively calculated.
- Workers must be provided “reasonable access” to bathrooms and toilet facilities. Employers cannot restrict use of bathroom or toilet facilities to rigid time schedules (e.g., only during scheduled breaks), or impose unreasonable time use restrictions. Restroom breaks are paid as hours worked. (DOSH Directive 5.98)
- All workers must receive a meal period of at least 30 minutes for every 5 hours worked. If they work more than 11 hours in a day, then they must receive an additional meal period of at least 30 minutes. Meal periods are unpaid as long as the workers are fully relieved of duties during the entirety of their meal periods. The employer must ensure workers receive their meal period. (see WAC 296-131-020)
- Workers must be paid for meal breaks if the meal period is interrupted and they are called back to work. Employees who are required to work or remain on duty during a meal break are still entitled to 30 total minutes of mealtime, excluding interruptions. The entire meal period must be paid regardless of the number of interruptions.
- In the state of Washington, farmworker housing is regulated by the Department of Labor and Industries (L&I), thought H-2A program housing is monitored by the Employment Security Department (ESD).
- Each migrant farmworker housing site must have a camp management plan. The plan assures that housing is operated in a safe and secure manner and within its approved occupancy capacity. Occupants must be informed of the camp management plan in a language the occupants can understand. Individual copies of the plan should be provided to each occupant or posted in a common area. For licensing purposes, a copy must be provided to the Department of Health.
- The Washington State Department of Health sets out clear guidelines for the construction of temporary worker housing, which includes requirements for adequate drinking water supplies and functioning, approved onsite sewage systems.
- Field sanitation facilities and supplies must be available to employees at the time they arrive in the field to conduct hand-labor operations. Unlike the federal OSHA standard, the WISHA standard does not include a time threshold before the standard applies
- These rules include requirements for hand washing and toilet requirements, facilities which have to be “within one-quarter mile of each employee’s worksite in the field” but allows them to be at the “point of closest vehicular access” if it is not feasible to be within one-quarter mile.
- rHand washing facilities must be provided for employees engaged in hand-labor operations in the field, without cost to the employee. Hand washing facilities must have a tap and an adequate supply of water, soap, single-use hand towels, and either a basin or other suitable container for washing for every 20 employees or fraction of 20.
- Employers are obligated to make “pay stubs” available to their employees upon request, which include the worker’s name, number of hours worked, number of piece-units earned (if relevant), rates of pay, gross pay, pay period, and detailed deductions.
- Washington State law requires employers keep workers’ payroll records for at least three years.
- Washington State has different rules and laws for youth working in agriculture, whether on farms, ranches, or in packing and canning operations. In general, the minimum age required is 14, and there are many prohibited tasks and jobs.
- Washington State does allow for farm internships through their Farm Internship Program, participants of which are exempt from minimum wage requirements.