Article · Agriculture

The Crew That Follows the Harvest: How Farm Labor Law Actually Works

29 U.S.C. § 213

Type
Article
Jurisdiction
National
Date
2025-02-15
Topic
Agriculture

Agricultural labor is governed by a set of rules built on a century of deliberate exceptions, and understanding it means understanding what farmworkers were carved out of rather than what they were given. This article explains the agricultural exemption from federal overtime, the small-farm exemption from minimum wage, and the child labor rules that are looser in agriculture than anywhere else. It explains the statute written specifically for migrant and seasonal workers — registration of farm labor contractors, mandatory written disclosure at recruitment, housing and vehicle standards, and a private right of action with statutory damages. It covers the H-2A visa program: the labor certification that must precede it, the wage floor that governs, the housing and transportation the employer must provide, and the three-quarters guarantee that is the program's most-violated term. It covers field sanitation, pesticide handling, and heat, the three hazards that dominate. It closes with joint employment across grower, contractor, and packer, and what enforcement actually looks like.

The Crew That Follows the Harvest: How Farm Labor Law Actually Works

Agriculture > Farm Labor and Seasonal Agricultural Workers | Published 15 February 2025 - Updated 10 May 2025 | UpLaw - uplaw.us

Start with the exceptions

Most employment law questions begin with what a statute requires. Agricultural labor questions begin with what farmworkers were excluded from, because the exclusions are the structure.

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