Farm work has its own wage rules. Some are looser than other industries, and some states are stricter than federal law.
The federal wage law excludes agricultural employees from overtime pay, and small farms from minimum wage under certain conditions. It does not decide the question alone. Several states, including California, Washington and New York, require overtime for farmworkers after a set number of hours, and the thresholds are being phased in. If you operate in more than one state, you may have different rules for different crews.
Harvesters are often paid per bin or per pound. Piece rate is allowed, but you still need to record hours, because the pay for the week must meet the minimum wage for all hours and, in some states, separate payment for rest and recovery time and for non-piece work. Employers in some states must also itemize piece-rate pay on the wage statement.
| Item | Value |
|---|---|
| Bins picked | 14 |
| Rate per bin | $22 |
| Piece-rate pay | $308 |
| Hours worked | 10 |
| Effective hourly rate | $30.80 |
The effective rate is far above the minimum on a good day. A slow day with 4 bins and 10 hours is $88, or $8.80 an hour, which may be below the state minimum and require a top-up.
Farms that hire workers through the H-2A program must pay a required wage rate, provide housing and meet recordkeeping requirements. The records must show hours and earnings in a way that can be audited. Keep H-2A hours separate from local crews.
Federal rules allow younger people to work on farms at ages that are not permitted in other industries, with limits on hazardous tasks. State rules may be stricter. Keep records of ages and work assignments.
When housing or meals are provided, deductions from wages are regulated. Written agreements and clear records help. A deduction that brings pay below the minimum wage may be illegal.
Harvest days follow the light and the heat. In hot weather start earlier, record the start time, and track water and rest breaks. Some states set specific requirements for outdoor heat above a given temperature. A log that shows the time of each break and the water provided can protect the farm in an inspection and protect workers in the field.
The Migrant and Seasonal Agricultural Worker Protection Act, MSPA, applies to most farms that use migrant or seasonal workers, with an exemption for small farms. It requires written disclosure of wages, hours, crops and housing at recruitment, an itemized wage statement every payday, payroll records kept for three years and safe transportation. Farm labor contractors must register with the Department of Labor, and growers who use an unregistered contractor can share liability.
Employers in the H-2A program also must pay at least the highest of the adverse effect wage rate set each year for the state, the prevailing rate and the applicable minimum wage. They must provide free housing that meets standards, and they must meet the three-fourths guarantee: offering work for at least 75 percent of the workdays in the contract period. Daily hours offered and worked are the evidence, so keep them for every worker.
Piece rates reward speed, but the hours still matter wherever minimum wage applies. Under federal law many small farms are exempt from minimum wage, but most states have their own rules, and H-2A contracts guarantee an hourly rate regardless.
| Picker | Bins | Pay at $25 per bin | Hours | Per hour |
|---|---|---|---|---|
| A | 32 | $800 | 45 | $17.78 |
| B | 24 | $600 | 45 | $13.33 |
| C | 15 | $375 | 42 | $8.93 |
If the guaranteed hourly rate in this fictional contract is $16, pickers B and C need a top-up, and you cannot know that without hours. Some states also require separate pay for rest periods when workers are paid by the piece; California is one example.
The EPA’s Worker Protection Standard applies to farms that use agricultural pesticides. It requires annual pesticide safety training for workers and handlers, posted or announced restricted-entry intervals after applications, decontamination supplies and a minimum age of 18 for handlers and early-entry workers. Record who was trained and when, and schedule crews so no one enters a treated block before the interval ends.
The federal FLSA exempts agricultural workers from overtime, but states are changing that. California now requires farm overtime after 8 hours a day and 40 hours a week. New York is lowering its farm overtime threshold step by step to 40 hours by 2032, and Washington and Oregon have also phased in agricultural overtime. Check your state before harvest.
No. Even where overtime does not apply, you generally need to track hours for minimum wage and for any state rules.
Often yes, subject to minimum wage and state rules on rest and recovery pay.
Time you require employees to wait at the field is often working time. Check your state’s rule.
The employer must offer each H-2A worker, and workers in corresponding employment, enough hours to equal at least 75 percent of the workdays in the contract period. If it falls short, the employer pays the difference.
Not under federal law, which exempts agriculture. Several states require it, including California, New York, Washington and Oregon, with thresholds that are being phased down over several years.
Yes. Under MSPA, a farm labor contractor must hold a certificate of registration from the Department of Labor, with extra authorization to house, transport or drive workers. Ask to see it before you sign, because a grower can share liability for an unregistered contractor’s violations.
Workers and handlers on farms that use agricultural pesticides need pesticide safety training every year, given before they work in treated areas, along with access to safety information and decontamination supplies.
Weekly overtime math
Add up shifts and breaks
Wages as a share of revenue
Book a demo and we will set up a harvest crew with both hours and output.
This page is general information, not legal, payroll or tax advice. Rules differ by state, city and contract, and they change. Check with a qualified professional before you act. Numbers in examples are made up.