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. Applying these laws to agricultural employees is often more complicated than applying the law to other industries due to the unique requirements to qualify as an agricultural laborer and because special exemptions exist for agricultural employers. The complicated nature of laws and regulations for agricultural employers requires special vigilance to comply with the myriad of requirements. Read the full overview.
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Immigration and Nationality Act 8 U.S.C. §§ 1101-1107; 1151-1382; 1401-1504; 1521-1525; 1531-1537
National Labor Relations Act, 29 U.S.C. §§ 151-169
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, (codified at scattered sections of 8 U.S.C.)
Workforce Innovation and Opportunity Act, 29 U.S.C. §§ 3222
Regulations
Wage and Hour Division Regulations relating to Agricultural Labor, 29 C.F.R. §500-503, 528, 575
Agricultural Labor defined for tax purposes, 26 C.F.R. § 31.3121(g)-1
National Farmworker Jobs Program Under the Workforce Innovation and Opportunity Act, 20 C.F.R. § 685
Services of the Wagner-Peyser Act Employment Service System, 20 C.F.R. §§ 653
Temporary Employment of Foreign Workers in the U.S. Regulations, 20 C.F.R. §§ 655.0-655.1319
Migrant and Seasonal Agricultural Worker Protection Regulations, 29 C.F.R. §§ 500.0-500.271
Enforcement of Contractual Obligations for Temporary Agricultural Workers, 29 C.F.R. §§ 501.0-501.47
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
Exemptions Applicable to Agriculture Under the Fair Labor Standards Act, 29 C.F.R. §§ 780.0-780.1016
Occupational Safety and Health Standards for Agriculture:
Subpart H – Hazardous Materials, 29 C.F.R. §§1910.101-1910.113; 1910.119-1910.126
Subpart J – General Environmental Controls, 29 C.F.R. §§1910.141-1910.147
Subpart R – Special Industries, 29 C.F.R. §§1910.261-1910.266; 1910.268-1910.269; 1910.272
Subpart Z – Toxic and Hazardous Substances, 29 C.F.R. §§ 1910.1000-1910.1018; 1910.1020; 1910.1024-1910.1030; 1910.1043-1045; 1910.1047-1910.1048; 1910.1050-1910.1053; 1910.1096; 1910.1200-1910.1201; 1910.1450
Occupational Safety and Health Standards for Agriculture Regulations, 29 C.F.R. §§ 1928.1-1928.1027
Worker Protection Standard Regulations, 40 C.F.R. §§170.1-170.609
Certification of Pesticide Applicators Regulations, 40 C.F.R. §§ 171.1-171.311
Federal Register Rules Open for Comment
Case Law
Administrative Law Decisions
U.S. Department of Justice Office Immigrant and Employee Rights
National Labor Relations Board Decisions
U.S. Department of Labor Office of Administrative Law Judges
U.S. Citizenship and Immigration Services Decisions
U.S. Department of Agriculture Office of Administrative Law Judges
Board of Immigration Decisions
Center Research Publications
Workers’ Compensation for Agricultural Workers (Mikolajczyk, 2024)
Collective Bargaining Rights for Farm Workers (Mikolajczyk, 2024)
State-Specific Direct Marketing Business Guides (National AgLaw Center & U. IL @Urbana)
Independent Contractors v. Employees (Mikolajczyk, 2022)
Proposed Changes for Child Labor in Agriculture (Rumley, 2011)
Legal and Business Guide for Specialty Crop Producers (National AgLaw Center & U. AR Division of Agriculture, 2011)
Agricultural Labor: An Employer’s Obligations and Responsibilities – PowerPoint Presentation (Springsteen, 2009)
Handbook of Laws and Regulations Affecting Arkansas Farm Employers and Employees (Looney & Copeland, 1993)
Ag & Food Law Update blog topics:
Congressional Research Service Reports
Reports– published and made available by CRS beginning in 2017
Subjects– published by CRS and made available by NALC until 2018:
Farm Labor
Farm Policy & Legislative Analysis
Agricultural Law Bibliography
Introduction | Keyword Search | Browse Categories
Legal publications on Labor:
Farm Labor: Aliens
Farm Labor: Child Labor
Farm Labor: Collective Bargaining
Farm Labor: General & Social Welfare
Farm Policy and Legislative Analysis
Farm Policy & Legislative Analysis: Domestic
Farm Policy & Legislative Analysis: International
Reference Resources
Healthcare.gov Farmworker/Fishing Reference Page
National Center for Farmworker Health, Inc.
Resources for Ag Employers
Farmworker Outreach Resources
Health Center Toolbox
Child Labor Fact Sheet
National Agricultural Statistics Service (USDA-NASS)
Census of Agriculture
Data and Statistics
Surveys
All Programs and Surveys (Guide to NASS Surveys and Programs)
Understanding Agricultural Statistics
Statistical Programs and Review
National Labor Relations Board: Immigrant Worker Rights
U.S. Citizenship and Immigration Service (USCIS)
H-2A Temporary Agricultural Workers (USCIS)
United States Department of Agriculture (USDA)
Economics, Statistics and Market Information System (USDA)
New Farmer (USDA)
Office of the Chief Economist (USDA-OCE)
National Institute of Food and Agriculture (NIFA)
Agricultural Safety
Labor and Farm Safety
Economic Research Service (ERS)
Commuting Zones and Labor Market Areas
Documentation and Methods
Farm Labor
Rural Employment and Unemployment
Publications:
Farm Labor Trends (Economic Research Service, 2025)
Rural America at a Glance: 2023 Edition (Davis, Cromartie, Farrigan, Genetin, Sanders, and Winikoff, 2023)
H-2A Temporary Agricultural Job Certifications Continued to Soar in 2022 (Castillo, 2023)
U.S. Fruit and Vegetable Industries Try To Cope With Rising Labor Costs (Simnitt, and Martin, 2022)
The H-2A Temporary Agricultural Worker Program in 2020 (Castillo, Martin, and Rutledge, 2022)
Use of H-2A Guest Farm Worker Program More Than Triples in Past Decade (Simnitt and Castillo, 2021)
U.S. Farm Employers Respond to Labor Market Changes with Higher Wages, Use of Visa Program, and More Women Workers (Castillo, 2020)
Immigration Policy and Its Possible Effects on U.S. Agriculture (Zahniser, Hertz, Dixon and Rimmer, 2012)
Profile of Hired Farmworkers, A 2008 Update (Kandel, 2008)
Hired Farmworkers a Major Input for Some U.S. Farm Sectors (Kandel, Amber Waves, 2008)
Summary of Federal Laws and Regulations Affecting Agricultural Employers (2000)
Environmental Protection Agency (EPA)
Agriculture
Compliance Assistance Center
Worker Protection Standard
Occupational Pesticide Safety and Health
EPA Requires Stronger Standards for Applying the Riskiest Pesticides (2016)
Pesticide Worker Protection Standard “How to Comply” Manual
Federal Certification Standards for Pesticide Applicators
Wage and Hour Division
WHD Agriculture Compliance Assistance Toolkit
Cultivating Compliance: An Agricultural Guide to Federal Labor Law
Occupational Outlook Handbook – Agricultural Workers
Handy Reference Guide to the Fair Labor Standards Act
Employment and Training Administration (ETA)
The National Agricultural Workers Survey
Findings from the National Agricultural Workers Survey (NAWS) 2017-2018
Industries at a Glance: Agriculture, Forestry, Fishing and Hunting (Bureau of Labor and Statistics)
Employment Law Guide, Wages and Hours Worked: Worker Protections in Agriculture
Employment Law Guide, Wages and Hours Worked: Child Labor Protections (Agricultural Work)
H-2A Temporary Agricultural Program (Employment and Training Administration)
Labor Fact Sheets (Wage and Hour Division)
Compliance Assistance Employment Law Guide
H-2A: Temporary Agricultural Employment of Foreign Workers
Migrant and Seasonal Agricultural Worker Protection Act
Occupational Outlook Handbook: Farming, Fishing, and Forestry Occupations (Bureau of Labor and Statistics)
State Labor Laws
Child Labor: Bulletin No. 102
Occupational Safety and Health Administration (OSHA)
OSHA Youth in agriculture eTool
Agricultural Operations
Compliance Assistance Specialists
Field Sanitation Standards Fact Sheet
Standards:
Laws and Regulations
Interpretations
Training Requirements in OSHA Standards
State Safety and Health Plans
Final Rule to Improve Tracking Workplace Injuries and Illness
Publications: New Releases
Publications: Agricultural Operations
Prevent Heat Illness at Work
Congressional Resources
Reports on Agriculture and Food (Government Accountability Office)
Meat and Poultry Worker Safety: OSHA Should Determine How to Address Persistent Hazards Exacerbated by COVID-19 (GAO, 2023)
Additional Information Needed to Better Protect Workers from Pesticide Exposure (GAO, 2021)
Better Outreach, Collaboration, and Information Needed to Help Protect Workers at Meat and Poultry Plants (GAO, 2017)
Other Federal Resources
Agricultural Employer’s Tax Guide (Internal Revenue Service)
Workplace Safety and Health Topics: Agricultural Safety (NIOSH/Centers for Disease Control and Prevention)
National Ag Safety Database
AgrAbility
Library Of Congress History of Agricultural Labor Unions Research Guide
Publications
Navigating Health Insurance Options for Farm Workers (Palacious, Becot, Penn State Extension, 2025)
Employee or Independent Contractor Classification Under the Fair Labor Standards Act (United States Department of Labor, 2025)
2025’s Latest Hit to Farm Labor Costs (Ayoub, 2025)
Agricultural Employment under the Fair Labor Standards Act Factsheet (United States Department of Labor, 2025)
How do Federal Labor Laws Apply to Agricultural Employers? (Davis, 2024)
Potential Impacts of Overtime Laws for U.S. Crop Workers (Choices Magazine, 2023)
National Center for Farmworker Health, Facts About Agricultural Workers (2022)
Evolving Agricultural Labor Markets (Charlton, Rutledge, and Taylor, 2021)
Agriculture and the Occupational Safety and Health Act (Baker and Milhollin, Revised 2021)
Recordkeeping Self-Audit for H-2A Employers (Everhart, 2019)
A Guide to Agricultural Labor Laws: How Best to Comply with the Relevant Federal and Maryland State Standards (Pons, 2014)
Farm Safety Planning and OSHA Compliance (Carrabba, 2013)
Occupational Health of Hired Farmworkers in the United States (CDC, 1999)
Additional Resources
National:
Agricultural Employers Under the Fair Labor Standards Act (FLSA)
New Entry Farm Labor
Farm Commons
Cornell Cooperative Extension- Farm Labor
Cornell Agricultural Workforce Development
Farmer’s Guide to Farm Internships
Ag Apprenticeship Toolkit
Labor Laws in Agriculture (Justia)
Penn State Law – The Fair Labor Standards Act
National Ag Safety Database
National Dairy FARM Worker Safety Farm Guides
FindLaw- Farm Labor Laws
Good Agricultural Practices Labor Management Resources Guide
Economic Policy Institute – Federal labor standards enforcement in agriculture
Community Involved in Sustaining Agriculture – Wage and Hour Laws
American Farm Bureau Federation Farm Labor Dashboard
Agricultural Labor Relations Board Fact Sheet
Alabama
Alabama Department of Labor: Links for Employers
Alaska
Alaska Labor Standards and Safety Division: Wage and Hour
Arizona
Arizona Labor Employment Factsheet
California
California Agricultural Labor Relations Board
California Farm Bureau – Employment Laws and Regulations
Colorado
Agricultural Labor Rights and Responsibilities
Connecticut
Connecticut Farm Bureau – Farm Labor
Florida
Florida Agriculture Worker Safety FAQ
Georgia
Georgia Department of Labor: Employment Laws and Rules
What Should I know about farmworker rights?
Idaho
Idaho Department of Labor Agricultural Services
Illinois
Indiana
Indiana Agricultural Law Foundation Employer Factsheet
Indiana Agricultural Labor Camps Law
Iowa
Iowa Workforce Development
Iowa State Extension Agricultural Employer Checklist
Practical Farmers of Iowa – Farm Employment
Kansas
Kansas Farm Bureau – Agricultural Labor
Kansas Department of Labor – Agriculture Labor Relations Board
Kentucky
Kentucky Education and Labor Cabinet Regulations
Louisiana
Louisiana Agricultural Labor Law
US Legal: Louisiana Farm Labor Law
Maine
Agricultural Worker Minimum Wage Committee
Legal Food Hub: Employment Rules for Ag Workers in Maine
Maryland
Maryland Wage and Hour Agriculture Exemptions Factsheet
Massachusetts
Employment Law Guidance for Massachusetts Farmers
Michigan
Michigan State University Farm Management
Michigan Farm Bureau – Agricultural Labor
Minnesota
Minnesota Department of Labor: Agriculture
Missouri
Missouri Ag Connection – Essential Farm Labor Laws for Missouri Farmers
Montana
Montana’s Child Labor Law Reference Guide
Montana Rule on Employer Furnished Housing
Montana Wage and Hour Labor Law Reference Guide
Minimum Wage and Overtime Exemptions
Nebraska
Nebraska Farm Labor Contractor Information
Nebraska Agricultural Labor Law
Legal Aid of Nebraska: Ag Worker Rights
Nevada
US Legal: Nevada Farm Labor Laws
New Mexico
US Legal: New Mexico Farm Labor Laws
New York
New York State Agriculture Labor Program
New York Farm Bureau – Farm Labor
New York State Farm Laborers Wage Board
North Carolina
NC State Agricultural and Resource Economics – Agricultural Labor
North Dakota
Ohio
Ohio State University Farm Office – Employment Law
Oklahoma
Oklahoma State Farm and Ranch Employment Handbook
OK Law: Farm Worker Employment Issues
Migrant and Seasonal Farmworker Factsheet
Oregon
Minimum Wage and Overtime in Agriculture Factsheet
Agricultural Workers Factsheet
Oregon State Bar: Farmworker’s Rights
Pennsylvania
Seasonal Farm Labor Law
Penn State Law: Agricultural Labor Laws
South Carolina
South Carolina Agricultural Labor Law
South Dakota
South Dakota Agricultural Labor Law
Tennessee
Tennessee Department of Labor and Workforce Development – Agricultural Workers
Texas
Texas Farm Bureau Farm Labor Resources
Child Labor in Texas Agriculture
Utah
Utah Agricultural Labor Law
US Legal: Farm Labor Laws
Vermont
UVM Extension – Agricultural Labor Management
Vermont Farm Employee Information – Fair Labor Standards
UVM – Farm Labor Dashboard
Virginia
Virginia Employment Commission – U.S. and Virginia Labor Laws
Washington
Agricultural Jobs for Youth – Washington State Department of Labor and Industries
Wisconsin
UW Madison – Agriculture, Child Labor, and Wage and Hour Laws
UW Extension – Employing Farm Workers