Labor
Overview
Many complex state and federal laws have been enacted since the depression era in an effort to protect workers in all industries. These laws regulate many aspects of employment including wages, working conditions, immigration, and employment opportunities. Application of these laws to agricultural employees is often more complicated because special exemptions and exceptions are provided for their employers. The complicated nature of laws and regulations for agricultural employers requires special vigilance to maintain compliance with the myriad of requirements. Read the full overview.
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Immigration and Nationality Act 8 U.S.C. §§ 1101-1107; 1151-1382; 1401-1504; 1521-1525; 1531-1537
National Labor Relations Act, 29 U.S.C. §§ 151-169
Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. §§ 1801-1872
Fair Labor Standards Act, 29 U.S.C. §§ 201-219
Portal-to-Portal Pay Act, 29 U.S.C. §§ 251-262
Occupational Safety and Health Act, 29 U.S.C. §§ 651-678
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-136y
Immigration Reform and Control Act, (codified at scattered sections of 8 U.S.C.)
Workforce Innovation and Opportunity Act, 29 U.S.C. §§ 3222
Regulations
Employees employed in agriculture pursuant to section 13(a)(6) or 13(b)(12) of the Act, 29 C.F.R. § 516.33
Agricultural Labor defined for tax purposes, 26 C.F.R. § 31.3121(g)-1
National Farmworker Jobs Program Under the Workforce Innovation and Opportunity Act, 20 C.F.R. § 685
Temporary Employment of Foreign Workers in the U.S. Regulations, 20 C.F.R. §§ 655.0-655.1319
Migrant and Seasonal Agricultural Worker Protection Regulations, 29 C.F.R. §§ 500.0-500.271
Enforcement of Contractual Obligations for Temporary Agricultural Workers … Regulations, 29 C.F.R. §§ 501.0-501.47
Child Labor Regulations, 29 C.F.R. §§ 570.1-570.5; 570.70-570.72; 570.123
Waiver of Child Labor Provisions for Agriculture Regulations, 29 C.F.R. §§ 575.1-575.9
Exemptions Applicable to Agriculture Under the Fair Labor Standards Act, 29 C.F.R. §§ 780.0-780.1016
Occupational Safety and Health Standards for Agriculture:
Subpart H – Hazardous Materials, 29 C.F.R. §§1910.101-1910.113; 1910.119-1910.126
Subpart J – General Environmental Controls, 29 C.F.R. §§1910.141-1910.147
Subpart R – Special Industries, 29 C.F.R. §§1910.261-1910.266; 1910.268-1910.269; 1910.272
Subpart Z – Toxic and Hazardous Substances, 29 C.F.R. §§ 1910.1000-1910.1018; 1910.1020; 1910.1024-1910.1030; 1910.1043-1045; 1910.1047-1910.1048; 1910.1050-1910.1053; 1910.1096; 1910.1200-1910.1201; 1910.1450
Occupational Safety and Health Standards for Agriculture Regulations, 29 C.F.R. §§ 1928.1-1928.1027
Worker Protection Standard Regulations, 40 C.F.R. §§170.1-170.609
Certification of Pesticide Applicators Regulations, 40 C.F.R. §§ 171.1-171.311
Federal Register Rules Open for Comment
Case Law
Administrative Law Decisions
U.S. Department of Justice Office Immigrant and Employee Rights
National Labor Relations Board Decisions
U.S. Department of Labor Office of Administrative Law Judges
U.S. Citizenship and Immigration Services Decisions
U.S. Department of Agriculture Office of Administrative Law Judges
Board of Immigration Decisions
Center Research Publications
State-Specific Direct Marketing Business Guides (National AgLaw Center & U. IL @Urbana)
Proposed Changes for Child Labor in Agriculture (Rumley, 2011)
Legal and Business Guide for Specialty Crop Producers (National AgLaw Center & U. AR Division of Agriculture, 2011)
Agricultural Labor: An Employer’s Obligations and Responsibilities – PowerPoint Presentation (Springsteen, 2009)
Handbook of Laws and Regulations Affecting Arkansas Farm Employers and Employees (Looney & Copeland, 1993)
Congressional Research Service Reports
Reports– published and made available by CRS beginning in 2017
Subjects– published by CRS and made available by NALC until 2018:
Farm Labor
Farm Policy & Legislative Analysis
Agricultural Law Bibliography
Introduction | Keyword Search | Browse Categories
Legal publications on Labor:
Farm Labor: Aliens
Farm Labor: Child Labor
Farm Labor: Collective Bargaining
Farm Labor: General & Social Welfare
Farm Policy and Legislative Analysis
Farm Policy & Legislative Analysis: Domestic
Farm Policy & Legislative Analysis: International
Reference Resources
National Center for Farmworker Health, Inc.
Resources for Ag Employers
Farmworker Outreach Resources
Health Center Toolbox
Child Labor Fact Sheet
National Agricultural Statistics Service (USDA-NASS)
Census of Agriculture
Data and Statistics
Surveys
All Programs and Surveys (Guide to NASS Surveys and Programs)
Understanding Agricultural Statistics
Statistical Programs and Review
U.S. Citizenship and Immigration Service (USCIS)
H-2A Temporary Agricultural Workers (USCIS)
United States Department of Agriculture (USDA)
Economics, Statistics and Market Information System (USDA)
New Farmer (USDA)
Office of the Chief Economist (USDA-OCE)
National Institute of Food and Agriculture (NIFA)
Agricultural Safety
Labor and Farm Safety
Economic Research Service (ERS)
Commuting Zones and Labor Market Areas
Documentation and Methods
Farm Labor
Rural Employment and Unemployment
Publications:
Rural America at a Glance: 2023 Edition (Davis, Cromartie, Farrigan, Genetin, Sanders, and Winikoff, 2023)
H-2A Temporary Agricultural Job Certifications Continued to Soar in 2022 (Castillo, 2023)
U.S. Fruit and Vegetable Industries Try To Cope With Rising Labor Costs (Simnitt, and Martin, 2022)
The H-2A Temporary Agricultural Worker Program in 2020 (Castillo, Martin, and Rutledge, 2022)
Use of H-2A Guest Farm Worker Program More Than Triples in Past Decade (Simnitt and Castillo, 2021)
U.S. Farm Employers Respond to Labor Market Changes with Higher Wages, Use of Visa Program, and More Women Workers (Castillo, 2020)
Immigration Policy and Its Possible Effects on U.S. Agriculture (Zahniser, Hertz, Dixon and Rimmer, 2012)
Profile of Hired Farmworkers, A 2008 Update (Kandel, 2008)
Hired Farmworkers a Major Input for Some U.S. Farm Sectors (Kandel, Amber Waves, 2008)
Summary of Federal Laws and Regulations Affecting Agricultural Employers (2000)
Environmental Protection Agency (EPA)
Agriculture
Compliance Assistance Center
Worker Protection Standard
Occupational Pesticide Safety and Health
EPA Requires Stronger Standards for Applying the Riskiest Pesticides (2016)
Pesticide Worker Protection Standard “How to Comply” Manual
Federal Certification Standards for Pesticide Applicators
Wage and Hour Division
WHD Agriculture Compliance Assistance Toolkit
Cultivating Compliance: An Agricultural Guide to Federal Labor Law
Occupational Outlook Handbook – Agricultural Workers
Handy Reference Guide to the Fair Labor Standards Act
Employment and Training Administration (ETA)
The National Agricultural Workers Survey
Findings from the National Agricultural Workers Survey (NAWS) 2017-2018
Industries at a Glance: Agriculture, Forestry, Fishing and Hunting (Bureau of Labor and Statistics)
Employment Law Guide, Wages and Hours Worked: Worker Protections in Agriculture
Employment Law Guide, Wages and Hours Worked: Child Labor Protections (Agricultural Work)
H-2A Temporary Agricultural Program (Employment and Training Administration)
Labor Fact Sheets (Wage and Hour Division)
Compliance Assistance Employment Law Guide
H-2A: Temporary Agricultural Employment of Foreign Workers
Migrant and Seasonal Agricultural Worker Protection Act
Occupational Outlook Handbook: Farming, Fishing, and Forestry Occupations (Bureau of Labor and Statistics)
State Labor Laws
Child Labor: Bulletin No. 102
Occupational Safety and Health Administration (OSHA)
OSHA Youth in agriculture eTool
Agricultural Operations
Compliance Assistance Specialists
Youth in Agriculture
Standards:
Laws and Regulations
Interpretations
Training Requirements in OSHA Standards
State Safety and Health Plans
Final Rule to Improve Tracking Workplace Injuries and Illness
Publications: New Releases
Publications: Agricultural Operations
Prevent Heat Illness at Work
Congressional Resources
Reports on Agriculture and Food (Government Accountability Office)
Meat and Poultry Worker Safety: OSHA Should Determine How to Address Persistent Hazards Exacerbated by COVID-19 (GAO, 2023)
Additional Information Needed to Better Protect Workers from Pesticide Exposure (GAO, 2021)
Better Outreach, Collaboration, and Information Needed to Help Protect Workers at Meat and Poultry Plants (GAO, 2017)
Other Federal Resources
Agricultural Employer’s Tax Guide (Internal Revenue Service)
Workplace Safety and Health Topics: Agricultural Safety (NIOSH/Centers for Disease Control and Prevention)
National Ag Safety Database
Publications
Potential Impacts of Overtime Laws for U.S. Crop Workers (Choices Magazine, 2023)
How do Federal Labor Laws Apply to Agricultural Employers? (Davis, 2024)
National Center for Farmworker Health, Facts About Agricultural Workers
Evolving Agricultural Labor Markets (Charlton, Rutledge, and Taylor, 2021)
Agriculture and the Occupational Safety and Health Act (Baker and Milhollin, Revised 2021)
Recordkeeping Self-Audit for H-2A Employers (Everhart, 2019)
A Guide to Agricultural Labor Laws: How Best to Comply with the Relevant Federal and Maryland State Standards (Pons, 2014)
Farm Safety Planning and OSHA Compliance (Carrabba, 2013)
Occupational Health of Hired Farmworkers in the United States (CDC, 1999)
Additional Resources
National:
Agricultural Employers Under the Fair Labor Standards Act (FLSA)
New Entry Farm Labor
Farm Commons
Cornell Cooperative Extension- Farm Labor
Cornell Agricultural Workforce Development
Farmer’s guide to Farm Internships
Ag Apprenticeship Toolkit
Justia – Labor Laws in Agriculture
Penn State Law – The Fair Labor Standards Act
National Ag Safety Database
FindLaw- Farm Labor Laws
Good Agricultural Practices Labor Management Resources Guide
Economic Policy Institute – Federal labor standards enforcement in agriculture
Community Involved in Sustaining Agriculture – Wage and Hour Laws
American Farm Bureau Federation Farm Labor Dashboard
Agricultural Labor Relations Board Fact Sheet
California
California Farm Bureau – Employment Laws and Regulations
Colorado
Colorado Agriculture Labor Toolkit
Connecticut
Connecticut Farm Bureau – Farm Labor
Idaho
Idaho Department of Labor Agricultural Services
Iowa
Iowa State Extension Agricultural Employer Checklist
Practical Farmers of Iowa – Farm Employment
Kansas
Kansas Farm Bureau – Agricultural Labor
Kansas Department of Labor – Agriculture Labor Relations Board
Massachusetts
Employment Law Guidance for Massachusetts Farmers
Michigan
Michigan State University Farm Management
Michigan Farm Bureau – Agricultural Labor
Missouri
Missouri Ag Connection – Essential Farm Labor Laws for Missouri Farmers
New York
New York State Agriculture Labor Program
New York Farm Bureau – Farm Labor
New York State Farm Laborers Wage Board
North Carolina
NC State Agricultural and Resource Economics – Agricultural Labor
Ohio
Ohio State University Farm Office – Employment Law
Tennessee
Tennessee Department of Labor and Workforce Development – Agricultural Workers
Texas
Texas Farm Bureau Farm Labor Resources
Child Labor in Texas Agriculture
Vermont
UVM Extension – Agricultural Labor Management
Vermont Farm Employee Information – Fair Labor Standards
Virginia
Virginia Employment Commission – U.S. and Virginia Labor Laws
Washington
Agricultural Jobs for Youth – Washington State Department of Labor and Industries
Wisconsin
UW Madison – Agriculture, Child Labor, and Wage and Hour Laws