Identification and characterization of state wage and hour laws for farmworkers

Farmworkers enjoy fewer health and labor protections than most workers in the United States, while working in some of the most difficult conditions. The labor reforms of the New Deal transformed working conditions in the US by setting standards for minimum wage, overtime, child labor and workers compensation. Excluded from these protections, however, were farmworkers. To date, many of these and other exemptions at the federal, state and local levels stand. Under the National Labor Relations Act, farmworkers are not given rights for collective bargaining. Under the federal Fair Labor Standards Act (FLSA), farmworkers are not entitled to overtime pay. Farmworkers on small farms are not entitled to a minimum wage. States must meet or exceed the federal minimum wage and overtime requirements, and employers must comply with the stronger of the two laws. Although federal farmworker exemptions are well-established, little is known about whether the 50 states have enacted increased protections for farmworkers in key areas. This oral presentation will describe the ways in which farmworkers are exempt from federal protections afforded to most US workers. In addition, it will describe a comprehensive, 50-state legal mapping study that identifies variations in state wage and hour laws and regulations as they pertain to farmworkers, and analyzes these protections. This presentation will explain the extent to which farmworkers are excluded from labor protections at both the federal and state levels.