Overtime for Agricultural Workers

The Fair Labor Standards Act (“FLSA”) does not require that employees who are employed in agriculture receive the federal overtime payment of time and one-half their regular rates for hours worked more than 40 hours per week. However, states are free to enact their own regulations that mandate overtime requirements for agricultural workers. Several states have taken that step and have implemented their own requirements. The majority of the states mandating overtime for farmworkers are doing so on a schedule to build up to the final hours’ requirement.

For example, California started to phase in an overtime requirement for agricultural workers in 2019. In 2019, California required that people employed in an agricultural occupation could not be employed more than nine and one-half hours or work more than 55 hours in a workweek without receiving overtime compensation. In 2020, the hours in a day decreased to 9, and the hours in a week were reduced to 50 for overtime compensation. Each year the hours decrease until the final overtime requirements are in place. Starting January 1, 2022, in California, it is required that any agricultural employee working more than 8 hours a day or more than 40 hours a week receive overtime compensation. Additionally, like several other states, California has a slightly different schedule for small employers, 25 or fewer employees, giving them more time to implement these changes.

The table below shows the general overtime requirements of each state as well as any additional agricultural overtime requirements. This compilation is current through January 2022.

 

State Relevant Provisions General Overtime Requirement Agricultural Workers Included
Alabama No state overtime law – Subject to Federal overtime law —– —–
Alaska AS § 23.10.060 After 40 hours per week No
Arizona No state overtime law – Subject to Federal overtime law —– —–
Arkansas Ark. Code Ann. § 11-4-211. After 40 hours per week No
California Cal. Labor Code § 510

Cal. Labor Code § 860

After 40 hours per week Yes
Colorado C.R.S.A. § 8-6-120

7 CCR 1103-1:2.3

7 CCR 1103-1:4

After 40 hours per week Yes (phasing in starting Nov. 2022)
Connecticut Conn. Gen. Stat § 31-76c

Conn. Gen. Stat § 31-76i(k)

After 40 hours per week No
Delaware No state overtime law – Subject to Federal overtime law —– —–
Florida No state overtime law – Subject to Federal overtime law —– —–
Georgia No state overtime law – Subject to Federal overtime law —– —–
Hawaii Haw. Rev. Stat. § 387-3 After 40 hours per week Yes, 48 hours per week
Idaho No state overtime law – Subject to Federal overtime law —– —–
Illinois 820 ILCS § 105/4a After 40 hours per week No
Indiana Ind. Code § 22-2-2-4 After 40 hours per week No
Iowa No state overtime law – Subject to Federal overtime law —– —–
Kansas K.S.A. § 44-1204

K.S.A. § 44-1202(e)(1)

After 46 hours per week No
Kentucky Ky. Rev. Stat. Ann. §§ 337.285(1)

Ky. Rev. Stat. Ann. § 337.010(2)(a)(1)

After 40 hours per week No
Louisiana No state overtime law – Subject to Federal overtime law —– —–
Maine 26 M.R.S. § 664(3)

26 M.R.S. § 663(3)(A)

26 M.R.S. § 1043(1)

After 40 hours per week No
Maryland Md. Code Ann., Lab. & Empl. § 3-415

Md. Code Ann., Lab. & Empl. § 3-420

Md. Code Ann., Lab. & Empl. Code Ann. § 3-403

After 40 hours per week No
Massachusetts Mass. Gen. Laws ch. 151, § 1A After 40 hours per week No
Michigan Mich. Comp. Laws Ann. § 408.934a(4)(e)

Mich. Comp. Laws Ann. § 408.934a

After 40 hours per week No
Minnesota Minn. Stat. § 177.25

Minn. Stat. § 177.23 Subd. 7(2)

After 48 hours per week Yes*
Mississippi No state overtime law – Subject to Federal overtime law —– —–
Missouri Mo. Rev. Stat. § 290.505

Mo. Rev. Stat. § 290.507

After 40 hours per week No
Montana Mont. Code Ann. § 39-3-405

Mont. Cod. Ann. § 39-3-406(2)

After 40 hours per week No
Nebraska No state overtime law – Subject to Federal overtime law —– —–
Nevada Nev. Rev. Stat. Ann. § 608.018 After 40 hours per week No
New Hampshire N.H. Rev. Stat. Ann. § 279:21 After 40 hours per week No
New Jersey N.J. Stat. Ann § 34:11-56a4(b) After 40 hours per week No
New Mexico N.M. Stat. Ann. § 50-4-22(D)

N.M. Stat. Ann. § 50-4-24

After 40 hours per week No
New York N.Y. Labor Law § 163-a

N.Y. Labor Laws § 160

After 40 hours per week Yes, 60 hours per week
North Carolina N.C. Gen. Stat. § 95-25.4

N.C. Gen. Stat. § 95-25.14(a)-(b)

After 40 hours per week No
North Dakota N.D. Cent. Code § 34-06-04.1

N.D. Admin. Code § 46-02-07-02(4)

After 40 hours per week No
Ohio Ohio Rev. Code Ann. § 4111.03(A) After 40 hours per week No
Oklahoma No state overtime law – Subject to Federal overtime law —– —–
Oregon Or. Rev. Stat. Ann. § 653.261

Or. Rev. Stat. Ann. § 653.020(1)

Or. Rev. Stat. Ann. § 653.265

After 40 hours per week No
Pennsylvania 34 Pa. Code § 231.41

43 P.S. § 333.105(a)(1)

After 40 hours per week No
Rhode Island 28 R.I. Gen. Laws § 12-4.1

28 R.I. Gen. Laws § 12-4.3(a)(9)

After 40 hours per week No
South Carolina No state overtime law – Subject to Federal overtime law —– —–
South Dakota No state overtime law – Subject to Federal overtime law —– —–
Tennessee No state overtime law – Subject to Federal overtime law —– —–
Texas No state overtime law – Subject to Federal overtime law —– —–
Utah Utah Code Ann. § 34-30-8

Utah Code Ann. § 34-28-1

After 40 hours per week No
Vermont 21 V.S.A. § 384(b)

21 V.S.A. § 383(2)(A)

After 40 hours per week No
Virginia No state overtime law – Subject to Federal overtime law —– —–
Washington Wash. Rev. Code Ann. § 49.46.130 After 40 hours per week Yes (55 hours in 2022; 48 hours in 2023; 40 hours in 2024)
West Virginia W. Va. Code § 21-5C-3(a)

W. Va. Code § 21-5C-1(f)(11)

After 40 hours per week No
Wisconsin Wis. Admin. Code DWD § 274.03

Wis. Admin. Code DWD § 274.04(9)

After 40 hours per week No
Wyoming No state overtime law – Subject to Federal overtime law —– —–

 

*Not all agricultural workers are subject to the overtime requirement.