The Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§ 201-219, is a comprehensive federal law that sets minimum wages, requires overtime wages, restricts child labor, and imposes certain registrations by employers. The FLSA includes employees of employers who are directly engaged in interstate trade or who produce goods and services for interstate trade. Combine harvesters, as described in paragraph 49.46.010(3)(a) of the RCW, are exempt from minimum wage legislation. Under the Minnesota Rule, “agriculture” means agriculture in all its branches and includes, but is not limited to: dairy farming; the production, cultivation, cultivation and harvesting in the field of agricultural or horticultural products; and the breeding of livestock, bees, fur animals and poultry. Agriculture also includes the cleaning, processing, preservation, loading and transport to market or storage of a farmer`s own agricultural products, as well as repair, maintenance and construction work associated with or related to farms. Agricultural workers often face abusive labour practices from unscrupulous employers. Workers too often work for employers who circumvent minimum wage laws or engage in other forms of wage theft, work in unsanitary or unsafe conditions, or have to live in significantly inferior housing. Job abuses in agriculture are difficult to combat because agricultural work is not covered by many of the important occupational health and safety measures enjoyed by most other workers in this country. Nevertheless, agricultural workers rely on some of the provisions of the Federal Fair Labour Standards Act (“RSA”) and the Act respecting the protection of migrant and seasonal workers in agriculture (“AWPA”) to ensure a minimum level of worker protection. These laws and their impact on the lives of agricultural workers are described in detail below.
Until 1966, the FLSA excluded all agricultural workers. Now, agricultural employers are exempt from certain requirements of the RSA. Under the RSA, agriculture is defined as agriculture and all its branches, such as livestock or poultry farming, as well as any practice practiced by or on a farm as an incident or in connection with such operations. Regulations and case law further define agricultural workers as persons employed in agriculture, by a farmer or on an agricultural holding. The exemptions for agricultural employers are different for each extended area of coverage of the RSA. Many other state and federal labor laws generally apply to all employers, most of which do not grant special exemptions to agricultural employers and therefore affect agricultural employers as well as other employers. Agriculture, like any other job, falls under the Fair Labor Standards Act, which is enforced by the U.S. Department of Labor.
For general information on the labour laws applied by the Ministry of Labour, see The Labour Law Guide: Laws, Regulations and Technical Assistance Services. The guide describes the laws and regulations administered by the Ministry of Labour that affect businesses and employees. The guide is primarily aimed at those who need “practical” information to develop salary, benefits, health and safety, and anti-discrimination strategies for companies in the industry in general. Workers` compensation laws are designed to provide immediate benefits to employees in the event of a work-related accident or illness and to limit the employer`s liability in the event of a claim for negligence. These laws are state-specific, and each state`s coverage of agricultural workers may or may not be voluntary or mandatory, and may or may not have exceptions for some employers. Compliance with federal and state laws is required for employers working in agriculture in the state of Minnesota. For more information on responsibilities under federal law, visit the U.S. Department of Labor website.
State laws also apply to employment, and in some cases the law that sets the highest standards must be enforced. Until 1966, the RSA excluded agricultural workers. The RSA now applies the minimum wage and record-keeping provisions to most farm workers and employers. Agricultural workers who are paid piecemeal rather than hourly are entitled to the minimum wage – their average wage should be sufficient to reach an average hourly wage at least equal to the minimum wage. However, the provisions of the RSA relating to overtime pay still do not apply to agricultural workers. In addition, the many agricultural workers employed on small farms – any farm that employs less than about seven workers in a calendar quarter – are not even protected by the flsa`s minimum wage regulations. This page provides general information about labour laws that affect the agricultural workforce, as well as links to laws and other related sources of information.
