Overtime Lawyer Blog

The California legislature has passed a bill that seeks to extend overtime pay protections – such as those contained in the Fair Labor Standards Act (FLSA) – to state farm workers. If passed, these protections could serve as a model for other state and federal overtime pay laws. The California law provides that farm laborers who work more than eight hours a day or forty hours in any workweek would receive overtime pay. Currently, farm laborers are only entitled to overtime under California law if they put in more than 10 hours a day or 60 hours in a week.

A spokesman in favor of the bill stated “"This measure provides the same protections for farm workers that other employees have long been entitled to."

Currently certain farm workers are exempt from overtime pay under the FLSA and as a result, agricultural employers are not required to pay them the standard one and one half their regular rates of pay for hours worked in excess of forty per week.

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The Fair Labor Standards Act (FLSA) is one of the oldest federal employment laws. The FLSA sets forth certain requirements that impact nearly every employee who works for a wage in the United States. These requirements include the minimum wage provision and overtime pay. Pursuant to federal law, employees must be paid at least the federal minimum wage, which is $7.25/hour and all non-exempt employees must be paid time and a half for every hour worked in excess of 40 in any work week.

In addition to provisions concerning overtime pay and minimum wage, the FLSA also covers child labor laws. Recently the Department of Labor has proposed new federal laws seeking to amend current child labor laws to make them stricter and afford child workers performing agricultural work more protections.

If you have questions concerning the FLSA, it is important to speak with a knowledgeable Georgia worker’s rights attorney to answer your questions and ensure you are being treated properly under the law.

Among the changes include:

• Prohibiting children under 18 from working at grain elevators, silos, feedlots and livestock auctions and from transporting raw farm materials.

• Prohibiting children under age 16 who are being paid from operating most power–driven equipment, including combines and tractors. Where student-learners are allowed to operate the equipment, ensuring that the machinery has seat belts and rollover protection.

• Prohibiting those children 15 and younger from much work involving tobacco, including cultivating, curing and harvesting to prevent tobacco sickness; and

• Banning cellphone use and other electronic devices while operating power-equipment.

However, children aged 12-15 would still be able to work for pay at non-hazardous farm jobs.

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The Department of Labor has recently issued a reminder to seasonal agricultural workers that several different federal laws protect the workers – both in terms of wages and hours worked and work-place conditions. These laws include: the Migrant and Seasonal Agricultural Worker Protection Act, the Fair Labor Standards Act and the Occupational Safety and Health Act’s Field Sanitation Standards.

Secretary of Labor Hilda Solis notes, “The Labor Department is committed to enforcing labor standard that protect and enhance the welfare of the nation’s farm workers…Through outreach, we are spreading the word to farm labor contractors and growers that they must pay their workers the wages they have earned.” Solis adds, “Each employer is also responsible for ensuring workers’ health and safety, workers should not have to lose their lives or risk their health while working to provide for their families.”

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The U.S. Department of Labor has ordered several Michigan blueberry farmers and contractors to pay $106,000 in penalties and back wages after an investigation revealed migrant housing and child labor law violations. The farmers were also order to pay close to $30,000 in back wages to hand-harvest growers for wage and overtime violations.

The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage, currently $7.25 an hour for all hours worked, and provides standards regarding overtime compensation and employment of minors.

The penalties were assessed against 18 blueberry growers after DOL officials discovered that the migrant workers were provided with horrible living conditions, such as no hot water, insect infestations and overcrowding. In addition to the inhumane living conditions, the growers failed to pay adequate wages, provide overtime compensation and follow laws regarding underage workers.

Some of the growers have paid the fines and back wages, although many are appealing.

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Farms are now in full swing all across Georgia, the South, and most of the rest of the country, employing thousands, if not millions, of farm workers.

Most seasonal agricultural workers are covered under two separate federal labor laws—the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act. This post will cover the former; and this post covers the latter.

The two laws always need to be read together, as well as in conjunction with state laws, by a qualified employment lawyer, to determine the rights of any agricultural workers in this very complex area.

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