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. Application of these laws to agricultural employees is often more complicated because special exemptions and exceptions are provided for their employers. The complicated nature of laws and regulations for agricultural employers requires special vigilance to maintain compliance with the myriad of requirements.
Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
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 , Pub. L. No. 99-603, 100 Stat. 3359 (1986)
(amending Immigration and Nationality Act and codified at scattered sections of 8 U.S.C.)
Regulations
Migrant and Seasonal Agricultural Worker Protection Regulations, 29 C.F.R. §§ 500.0-500.271
Exemptions Applicable to Agriculture Under the Fair Labor Standards Act , 29 C.F.R. §§ 780.0-780.1016
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
Occupational Safety and Health Standards for Agriculture:
29 C.F.R. §§ 1928.1-1928.1027
29 C.F.R. §§ 1910.1027; 1910.1200; 1910.1201
29 C.F.R. §§ 1910.111(a) and (b); 1910.142; 1910.145; 1910.266
Worker Protection Standard Regulations , 40 C.F.R. §§ 170.1-170.260
Certification of Pesticide Applicators Regulations , 40 C.F.R. §§ 171.1-171.11
Temporary Alien Agricultural Labor Regulations , 20 C.F.R. §§ 655.0-655.215
Federal Register Rules Open for Comment
Center published Federal Register Digest
Case Law
Note: Recently summarized cases are listed and linked in Recent Postings.
Case Law Index for Labor
Administrative Law Decisions
U.S. Citizenship and Immigrations Services H-2A Decisions
Administrative Decisions (U.S. Citizenship and Immigration Services - US CIS)
Board of Immigration Interim Decisions (U.S. CIS)
Interpretations (U.S. CIS)
Congressional Research Service Reports
CRS Subject(s):
Farm Labor
Reference Resources
USDA
Office of the Chief Economist Agricultural Labor Affairs
Briefing Room: Farm Labor (Economic Research Service - ERS)
Briefing Room: Farm Labor: Labor Laws and Regulations (ERS)
Publications: Labor (ERS)
Summary of Laws and Regulations Affecting Agricultural Employees, 2000 (ERS, Runyon, 2000)
Other Congressional Resources
Reports on Agricultural Labor and Farm Workers (Government Accountability Office)
Other Federal Resources
Topic: Agriculture (National Institute for Occupational Safety and Health)
Temporary Agricultural Laborers H-2A (Department of Labor - DOL)
Compliance with the Migrant and Seasonal Agricultural Worker Protection Act (DOL)
A Profile of U.S. Farmworkers (DOL)
Agricultural Operations (Occupational Safety and Health Administration)
Youth & Labor: Agricultural Employment (DOL)
National Agriculture Compliance Assistance Center (Environmental Protection Agency - EPA)
Worker Protection Standard (EPA)
Worker Safety and Training (EPA)
U.S. Citizenship and Immigration Service (USCIS)
Temporary Workers (USCIS)
Employer Information (USCIS)
Agricultural Employer's Tax Guide (Internal Revenue Service)
National Ag Safety Database (Centers for Disease Control and Prevention)
Publications
Farm Labor Employers' Handbook (NM Chile Task Force, 2002)
Understanding the Temporary Agricultural Guest Worker Program -- H-2A (Feirick, Dickinson
School of Law AgLaw Center, 2000)
Child Labor Law (Uchtmann and Parr, Farmdoc, 2001)
Minimum Wage and Employment Taxes (Uchtmann and Parr, Farmdoc., 2001)
Additional Resources
National Immigrant Farming Initiative
Agricultural Safety and Health (U. MN)
Farm Safety and Agriculture (OK St. U.)
Agricultural Law Labor Links (PA St. U.)
