Wage and Hour Division (WHD)
Fair Labor Standards Act in Agriculture
Overview
The FLSA is the federal law which sets minimum wage, overtime, recordkeeping, and youth employment standards for most employment, including agricultural employment. There are, however, some exemptions which exempt certain employees from the minimum wage provisions, the overtime pay provisions, or both. For more general information on the applications of the FLSA to agricultural settings, please see the Employment Law Guide or Fact Sheet 12.
The U.S. Department of Labor’s Wage and Hour Division has published a notice of proposed rulemaking to revise the child labor regulations issued pursuant to the Fair Labor Standards Act which sets forth the criteria for the employment of minors years of age in agriculture. The Department's proposed revisions include implementing specific recommendations made by the National Institute for Occupational Safety and Health, increasing parity between the agricultural and nonagricultural child labor provisions, and also addressing other areas that can be improved, which were identified by the Department’s own enforcement actions. Interested parties are invited to submit written comments on the proposed rule on or before November 1, 2011 at www.regulations.gov.
General Guidance
- Employment Law Guide – Fair Labor Standards Act
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Workers’ Rights Card – Farm Workers
- Spanish Version (PDF)
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Workers’ Rights Card – H-2B Workers
- Spanish Version (PDF)
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Agricultural Employer’s Pocket Guide on Youth Employment
- Spanish Version (PDF)
Fact Sheets
e-Tools
Posters
Interpretive Guidance
Applicable Laws and Regulations
