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| Employment Standards Administration Wage and Hour Division |

Fact Sheet #12: Agricultural Employers Under the       Fair Labor Standards Act (FLSA)
This fact sheet provides general information concerning the application       of the FLSA to agricultural employment. The FLSA is the federal law which       sets minimum wage, overtime, recordkeeping, and child labor standards.

Agriculture includes farming in all its branches when performed by a      farmer or on a farm as an incident to or in conjunction with such farming      operations. 
Coverage
Virtually all employees engaged in agriculture are covered by the Act in      that they produce goods for interstate commerce. There are, however, some      exemptions which exempt certain employees from the minimum wage      provisions, the overtime pay provisions, or both.

Employees who are employed in agriculture as that term is defined in the      Act are exempt from the overtime pay provisions. They do not have to be      paid time and one half their regular rates of pay for hours worked in      excess of forty per week. 

Agriculture does not include work performed on a farm which is not      incidental to or in conjunction with such 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.

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 from the minimum wage and overtime provisions of      the Act for agricultural employees apply to the following:
-  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 preceeding 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.
Requirements
Although exempt from the overtime requirements of the FLSA, agricultural       employees must be paid the minimum wage -- $5.15 an hour effective 9/1/97.       There are numerous restrictions on the employment of minors less than 16       years of age, particularly in occupations declared hazardous by the Secretary       of Labor. Substantial civil money penalties are prescribed for violations       of the monetary and child labor provisions of the law. The FLSA also requires       that specified records be kept.

Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to      pay a youth minimum wage of not less that $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.
Typical Problems
Not keeping/maintaining records of the names and permanent addresses of      temporary agricultural employees, dates of birth of minors under age 19,      or hours worked by employees being paid on a piece rate basis.

Failing to pay overtime to employees whose jobs are related to      agriculture but which do not meet the definition of agriculture contained      in the Act.

Agricultural employers who utilize the services of a farm labor      contractor are almost always in a situation of joint employment with the      contractor in regard to the employees. Joint employment means that both      the contractor and the farmer are responsible for complying with the      minimum wage, overtime, recordkeeping, and child labor provisions of the      law. If either party fails to comply with the law both parties may be held      liable. 

Finally, most agricultural employers, agricultural associations, and farm       labor contractors are subject to another statute, also administered by the       Wage and Hour Division -- the Migrant and Seasonal Agricultural Worker Protection       Act. Employers in agriculture or agriculture-related businesses should ascertain       how this law applies to their operations.
Where To Obtain Additional Information
This publication is for general information and is not to be considered       in the same light as official statements of position contained in the regulations.

**For additional information, visit our Wage-Hour website: http://www.wagehour.dol.gov       and/or call our Wage-Hour toll-free information and helpline, available       8am to 5pm in your time zone, 1-866-4USWAGE (1-866-487-9243).**

 

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