Federal Standards

The Fair Labor Standards Act (FSLA) is the main federal law governing minimum wages and the maximum hours an employee may work.  The Act also prohibits gender discrimination as to wages paid, and oppressive child labor.  The U.S. Department of Labor maintains on online factsheet and a compliance webpage explaining the FLSA's application to agricultural employees.

Section 206 of the FLSA establishes a minimum wage for employees (currently $5.85, but see Illinois requirements, below), and prohibits sex discrimination as to wages paid.  Section 207 of the FLSA establishes maximum hours for which an employee may work (40 hours per week) without being paid overtime (time and a half).  Section 212 contains prohibitions against oppressive child labor.  

Many exceptions to these laws exist for agricultural employees, however, and are contained in section 213 of the FLSA.  The exemptions are divided into categories, including exemption from:  both the minimum wage and maximum hour requirements (§ 213(a)); only the maximum hour requirements (§ 213(b)); and, only the child labor requirement (§ 213(c)). Part 780 of the Code of Federal Regulations (29 C.F.R Part 780) provides definitions and further explanation as to agricultural exemptions from the FLSA.

Agricultural employees (including fish farming) are exempt from both the minimum wage and overtime provisions of the FLSA if:  the employer did not use more than 500 man days of labor during any quarter of the preceding year; if the employee is an immediate family member; the employee is a hand laborer that is paid on a piece-by-piece basis who commutes from his/her home each day and was not employed in agriculture more than 13 weeks in the preceding year; the employee is a family member under the age of 16 working on the same farm as the parent or surrogate parent that is paid on a piece-by-piece basis and is paid at the same rate as those over 16; or the employee is principally engaged in the production or range livestock (29 U.S.C. § 213(a)(5)-(6)).

Agricultural employees are exempt from overtime requirements (29 U.S.C. § 213(b)(12)).  Also exempt are drivers or driver's helper making local deliveries if the employee is compensated on a per trip basis, agricultural employees that are adjunctly in livestock auctioning, an employee involved in the processing of maple sap into sugar or syrup, any employee engaged in the transportation of fruits or vegetables from the farm to the place of first processing or first marketing within the same State, or employees that transport employees to any point within the same state for the purpose of harvesting fruits or vegetables (29 U.S.C. § 213(b)(11), (13),(15), & (16)).

Section 203(f) of the Act defines "agriculture," which is important as to whether exceptions from FLSA and regulations will apply to the direct farm business.  "Agriculture" includes "farming in all its branches and among other things includes the cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities. . . the raising of livestock, bees, fur-bearing animals, or poultry, or any practices (including forestry or lumbering operations) performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market" (emphasis added).  Persons not employed directly by the farmer and who work off the farm on products produced by the farmer are NOT considered agricultural employees.

It is helpful to examine child labor prohibitions in agriculture by age-block.  Children under the age of 16 cannot be employed in agriculture in a particularly hazardous position, except where such employee is employed by his/her parents on a farm owned or operated by the parents (29 U.S.C. § 213(c)(2)).  Hazardous positions are elaborated in 29 C.F.R. § 570.71.  FLSA regulations also define generally when child labor can be used in relation to agriculture (29 C.F.R. § 570.2(b)).  There is a 16-year-old age limitation to employment in agriculture during school hours.  Outside of school hours, there is a 14-year-old limit, except that 13 and 12 year-olds may be employed on a farm with the consent of a parent or when the child is working on the farm with the parent.  Children under 12 may be employed on the family farm, or on a farm that is exempt under 29 U.S.C.§ 213(a)(6) from the minimum wage requirements.

Exceptions exist to child labor prohibitions for hand-harvesting by 10 to 12-year olds (29 C.F.R. § 575.1-575.9). 

Illinois Provisions

The Illinois Minimum Wage Law sets miminum wages above those required by federal law.  The current rate is $7.50 for persons 18 years of age or older ($7.00 for the first 90 days of employment) and $4.20 for those under 18.  Employers with less than 4 employees (not counting family members) are exempt from paying the minimum wage, however (820 ILCS 105/3(d)(1)).  The same agriculture exemptions (see above) also apply.

The Illinois Child Labor Law (820 ILCS 205/1) contains similar prohibitions as the FSLA for agricultural child labor.

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