The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire someone at the youth minimum wage. Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment by their employer. The FLSA also requires that specified records be kept. Substantial civil money penalties are prescribed for violations of the monetary and child labor provisions of the law. There are numerous restrictions on the employment of minors less than 16 years of age, particularly in occupations declared hazardous by the Secretary of Labor. Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16.Īlthough exempt from the overtime requirements of the FLSA, agricultural employees must be paid the federal minimum wage (unless exempt from minimum wage as noted above).Local hand harvest laborers who commute daily from their permanent residence, are paid on a piece rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceding calendar year.Those principally engaged on the range in the production of livestock.Agricultural employees who are immediate family members of their employer.A "man day" is defined as any day during which an employee performs agricultural work for at least one hour.Īdditional exemptions from the minimum wage and overtime provisions of the Act for agricultural employees apply to the following: It also does not include operations performed off a farm if performed by employees employed by someone other than the farmer whose agricultural products are being worked on.Īny employer in agriculture who did not utilize more than 500 "man days" of agricultural labor in any calendar quarter of the preceding calendar year is exempt from the minimum wage and overtime pay provisions of the FLSA for the current calendar year. They do not have to be paid time and one half their regular rates of pay for hours worked in excess of forty per week.Īgriculture does not include work performed on a farm which is not incidental to or in conjunction with such farmer's farming operation. There are, however, some exemptions which exempt certain employees from the minimum wage provisions, the overtime pay provisions, or both.Įmployees who are employed in agriculture as that term is defined in the Act are exempt from the overtime pay provisions. Virtually all employees engaged in agriculture are covered by the Act in that they produce goods for interstate commerce. The FLSA is the federal law which sets minimum wage, overtime, recordkeeping, and child labor standards.Īgriculture includes farming in all its branches when performed by a farmer or on a farm as an incident to or in conjunction with such farming operations. This fact sheet provides general information concerning the application of the FLSA to agricultural employment. Fact Sheet #12: Agricultural Employers Under the Fair Labor Standards Act (FLSA)
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