Agricultural employers are often at the mercy of nature which causes constant fluctuations in labor needs. Given the unique nature of the agricultural industry, their workers have historically been exempt from minimum wage and overtime requirements. These requirements differ from state to state, and employers are noting a change in the agricultural exemption. Some states have removed, or are considering removing, the exemption for agricultural workers from their wage and hour laws. This generates legitimate concerns from employers faced with new compliance issues and increased labor costs. Many employers may be wondering: Are my agricultural employees still exempt from wage and hour laws, to what extent, and will my state’s exemption be the next to go?

The Fair Labor Standards Act (FLSA) establishes federal regulations regarding wages, hours, and child labor within interstate commerce. These regulations set the federal minimum wage and provide that employees must be paid time and one-half of their regular rate for any hours worked in excess of forty hours a week. However, the FLSA exempts certain employees from the minimum wage provisions, the overtime provisions, or both. One of those exemptions applies to agricultural workers.

Who is exempt from the FLSA and from which provisions?

To fall within the agricultural exemption, an individual must be “employed in agriculture.” This includes individuals who: are employed by a farmer, work on a farm, or who are otherwise...

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