What Agricultural Workers Need to Know About Wage and Hour Laws

If you work on a farm or run one, it’s essential to understand how federal labor laws apply. The Fair Labor Standards Act (FLSA) lays out rules on minimum wage, overtime, youth employment, and recordkeeping. While agriculture has a few unique exceptions, there are still important protections in place for farmworkers.

Who’s Covered by FLSA? 

Most agricultural workers are covered by the FLSA, especially since agriculture often supports the broader economy and involves goods that move across state lines, even if your role feels local.

The law divides agricultural work into two main categories:

Primary Agriculture

This includes traditional farming activities like planting and harvesting crops, tending livestock, working in poultry or beekeeping, and preparing soil.

Secondary Agriculture

This refers to on-site activities that support farming operations, like washing, packing, or freezing produce grown on the same farm, so long as no outside ingredients are added.

If your work falls outside these categories, it may not qualify as “agriculture” under the FLSA. In that case, different labor rules could apply.

When Minimum Wage or Overtime Doesn’t Apply

Agricultural jobs have unique carve-outs under the Fair Labor Standards Act, especially regarding overtime and minimum wage protections.

Let’s start with overtime:

If you're performing work that meets the FLSA’s definition of “agriculture,” your employer is not required to pay you overtime for working more than 40 hours in a week. That means longer hours in the fields or with livestock may not come with time-and-a-half pay.

Minimum wage, however, is a little more complex. Whether you're entitled to it depends largely on the size of the farm and the type of work you're doing.

Here are a few examples where minimum wage may not apply:

• The farm employed fewer than 500 man-days of agricultural labor during any calendar quarter of the previous year. (A man-day equals at least one hour of work by one person in one day.)
• You’re working for a family-run farm as a relative of the owner.
• You're raising livestock on an open range.
• You’re a local hand harvester, commuting daily, and you worked in agriculture for less than 13 weeks in the prior year.
• You're under 17, doing hand harvest work alongside your parent on the same farm, and are paid the same piece rate as adult workers.

Important Note:

These exemptions are evaluated week by week, not by the month or year. That means your pay protections could change depending on what you’re doing and when you're doing it.

Employer Responsibilities in Agricultural Jobs

Even if agricultural workers are exempt from overtime, employers still have key responsibilities under federal law. Ignoring these rules can lead to serious legal consequences, especially when minors are involved.

Here’s what agricultural employers must do:

• Pay at least the federal minimum wage unless a specific exemption applies
• Follow strict child labor laws, particularly when hiring anyone under 16 for hazardous work
• Keep accurate records for each employee, whether seasonal, temporary, or permanent

Recordkeeping Requirements

The Fair Labor Standards Act requires all covered agricultural employers to maintain clear records. These records must include:

• Full names and addresses of all employees (especially seasonal or temporary workers)
• Birthdates for workers under age 19
• Total hours worked, even for piece-rate jobs
• Wages paid, how those wages were calculated, and any deductions taken

These aren’t just best practices, they’re legal obligations. Failing to keep proper records can trigger investigations and penalties from the Department of Labor.

Common Issues on the Job

Even with the rules in place, violations happen more often than you’d think. Here are a few of the most common problems reported in this industry:

• Missing or incomplete records, especially when employers fail to track hours for piece-rate workers
• Incorrect overtime pay when workers don’t meet the legal definition of “agriculture” under FLSA
• Confusion around joint employment when farms and labor contractors share responsibility
• Violations of the Migrant and Seasonal Agricultural Worker Protection Act covering housing, transport, and pay transparency
• Lack of awareness about overlapping labor laws that apply to agricultural employers

Disclaimer: This information is based on fact sheets the DOL provides.

You Work Hard, You Should Be Paid Fairly

Agricultural labor is tough, essential work, and it deserves to be treated with respect under the law. If your employer is cutting corners or violating your rights, you don’t have to accept it. Morgan & Morgan has a team of employment attorneys ready to stand up for you.

And if you need a legal expert to review your case for free, please get in touch with Morgan & Morgan today. Our employment lawyers might also be able to fight for your right to fair wages and treatment by your employer.