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

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 , Pub. L. No. 99-603, 100 Stat. 3359 (1986)

(amending Immigration and Nationality Act and codified at scattered sections of 8 U.S.C.)

Regulations

Migrant and Seasonal Agricultural Worker Protection Regulations, 29 C.F.R. §§ 500.0-500.271

Exemptions Applicable to Agriculture Under the Fair Labor Standards Act , 29 C.F.R. §§ 780.0-780.1016

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

Occupational Safety and Health Standards for Agriculture:

29 C.F.R. §§ 1928.1-1928.1027

29 C.F.R. §§ 1910.1027; 1910.1200; 1910.1201

29 C.F.R. §§ 1910.111(a) and (b); 1910.142; 1910.145; 1910.266

Worker Protection Standard Regulations , 40 C.F.R. §§ 170.1-170.260

Certification of Pesticide Applicators Regulations , 40 C.F.R. §§ 171.1-171.11

Temporary Alien Agricultural Labor Regulations , 20 C.F.R. §§ 655.0-655.215

Federal Register Rules Open for Comment

Center published Federal Register Digest

Case Law

Note: Recently summarized cases are listed and linked in Recent Postings.

Case Law Index for Labor

Administrative Law Decisions

U.S. Citizenship and Immigrations Services H-2A Decisions

Administrative Decisions (U.S. Citizenship and Immigration Services - US CIS)

Board of Immigration Interim Decisions (U.S. CIS)

Interpretations (U.S. CIS)

Congressional Research Service Reports

CRS Subject(s):
Farm Labor

Reference Resources

USDA

Office of the Chief Economist Agricultural Labor Affairs

Briefing Room: Farm Labor (Economic Research Service - ERS)

Publications: Rural Policy (ERS)

Summary of Laws and Regulations Affecting Agricultural Employees, 2000 (ERS, Runyon, 2000)

Agricultural Labor Laws (Office of the Chief Economist - OCE)

Other Congressional Resources

Publications on Labor (Congressional Budget Office)

Reports on Agricultural Labor and Farm Workers (Government Accountability Office)

Other Federal Resources

Certification for Temporary or Seasonal Agricultural Work (H-2A) (DOL Employment and
Training Administration)

Labor Fact Sheets (DOL Wage and Hour Division)

Employment Law Guide: Migrant and Seasonal Agricultural Worker Protection (DOL)

Compliance Assistance Employment Law Guide (DOL)

Topic: Agriculture (National Institute for Occupational Safety and Health)

Temporary Agricultural Laborers H-2A (Department of Labor - DOL)

Compliance with the Migrant and Seasonal Agricultural Worker Protection Act (DOL)

A Profile of U.S. Farmworkers (DOL)

Agricultural Operations (Occupational Safety and Health Administration)

Youth & Labor: Agricultural Employment (DOL)

National Agriculture Compliance Assistance Center (Environmental Protection Agency - EPA)

Worker Protection Standard (EPA)

Worker Safety and Training (EPA)

U.S. Citizenship and Immigration Service (USCIS)

Temporary Workers (USCIS)

Employer Information (USCIS)

Agricultural Employer's Tax Guide (Internal Revenue Service)

National Ag Safety Database (Centers for Disease Control and Prevention)

Publications

Ag Help Wanted: Guidelines for Managing Agricultural Labor (Western Center for Risk Management
Education, 2002)

Guide to Labor and Employment Laws for Migrant Workers in North America (Commission for Labor
Cooperation - NAALC)

Protection of Migrant Agricultural Workers in Canada, Mexico and the United States (NAALC, 2002)

Farm Labor Employers' Handbook (NM Chile Task Force, 2002)

Understanding the Temporary Agricultural Guest Worker Program -- H-2A (Feirick, Dickinson

School of Law AgLaw Center, 2000)

Child Labor Law (Uchtmann and Parr, Farmdoc, 2001)

Minimum Wage and Employment Taxes (Uchtmann and Parr, Farmdoc., 2001)

Additional Resources

National Immigrant Farming Initiative

Agricultural Safety and Health (U. MN)

Farm Safety and Agriculture (OK St. U.)

Agricultural Law Labor Links (PA St. U.)

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