New York State Department of Labor Labor Standards

Farm Labor

The Division of Labor Standards enforces minimum wage standards (open in a new window) for farm workers. After a review of the application provided, we issue a certificate of registration to migrant farm labor contractors, growers and food processors that bring migrant farm labor into the State.  We enforce compliance with the conditions set forth in the registration. We also issue permits to labor camp commissaries.

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Minimum Wage Standards for Farm Workers

The Minimum Wage Order for Farm Workers applies only to farm workers employed on farms where the total cash remuneration paid all persons employed on the farm exceeded $3,000 in the previous calendar year.

The Minimum Wage Order for Farm Workers provides that all workers, with certain exceptions, must be paid at least $7.25 per hour. This does not include:

• Members of the employer's immediate family
• Minors under 17 years of age:

     - Employed as hand-harvest workers on the same farm as their parents or guardians
     - Paid on a piece-rate basis at the same rate as employees over 17

The wage order permits employers to deduct specified allowances from the minimum wage for:

• Meals
• Lodging (except for seasonal migrant workers)

Payments in kind must cost no more than the farm market value.

Employers must post these items in a conspicuous place in their establishment:

• A summary of the wage order
• A copy of the general work agreement

Farm Labor Forms

Grower or Processor Certificate of Registration (open in a new window) (LS 113) – Needed for Grower or Processor that:

• Employs five or more out-of-state migrants
• Even if they do not use the services of a Farm Labor Contractor

Farm Labor Contractor Certificate of Registration (open in a new window)(LS 113.1) - Required for any:

• Individual
• Firm
• Partnership
• Cooperative
• Association
• Corporation

That charges a fee to:

• Recruit
• Transport
• Supply
• Hire
• Supervise farm or food processing workers on behalf of a third party

The Grower or Processor that uses the contractor's services must countersign this Certificate of Registration. 

Farm Labor Camp Commissaries Permit (open in a new window)(LS 113.1) - Any person who operates a Farm Labor Camp Commissary must first get a permit before starting operation.

Youth Rate Certificate (open in a new window)(LS 415.1)- This certificate allows an agricultural employer, under certain conditions, to pay certain minors:

• A specified wage rate
• Less than the basic hourly rate set forth in the minimum wage order for farms