Policy: Labor
Farmworkers are exempt from many of the protections of the Fair Labor Standards Act (FLSA), including overtime, collective bargaining, and child labor regulations. They are especially vulnerable to unfair labor practices and wage theft. Many employers also use farm labor contractors, who are responsible for the hiring and oversight of workers, allowing employers to evade responsibility under employment laws. Farmworker Justice’s policy advocacy aims to end the discrimination of farmworkers under U.S. labor laws.
EQUAL PROTECTION UNDER THE FAIR LABOR STANDARDS ACT
Given the long hours and the incredibly hazardous nature of the work, farmworkers should be entitled to the same protections as other U.S. workers. Farmworker Justice works closely with the U.S. Department of Labor, lawmakers and partnering advocates to strengthen labor protections and enforcement – including through legislation like the Fairness for Farmworkers Act first introduced in 2022 – that treat farmworkers with fairness and dignity. READ MORE
ENDING CHILD LABOR
Farmworkers as young as 12 years old are legally allowed to work in the fields. In some cases, children under 12 are allowed to work in the fields. Children are especially vulnerable to the hazards of agriculture, contributing to long-term developmental and health issues. There are several reasons why children work in the field such as lack of child care options and economic need. Farmworker Justice is a member of the Child Labor Coalition that aims to end child labor in U.S. agriculture and other industries.
FARMWORKERS’ RIGHTS UNDER STATE EMPLOYMENT LAWS: AN INTERACTIVE MAP
Farmworkers’ labor protections vary by state. For example, in all but 12 states, farmworkers do not have full access to workers’ compensation coverage. Further, while farmworkers are entitled to federal minimum wage, they are not necessarily entitled to the state minimum wage.
This interactive map and database of state laws on wages, overtime, and workers’ compensation, demonstrates the patchwork of labor protections in many states that contributes to unsafe working conditions, lower wages, and high rates of poverty among farmworkers. Click on a state and then scroll down to see a summary of state laws affecting farmworkers in that state.
