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Farm Labor

New York State’s minimum wage will increase on December 31.  Don’t be caught off-guard! 

Minimum Wage Increase

Beginning December 31, 2013, New York State’s minimum wage will increase in a series of three annual changes as follows:

$8.00 on 12/31/13

$8.75 on 12/31/14

$9.00 on 12/31/15

Here you can find updated posters, summary rate sheets and FAQs. Check back frequently for other updates as the increases take effect.

The Minimum Wage regulations showing proposed changes are posted on the Department of Labor’s website under Legal Updates:

Pay special attention to the “Part number” of the New York Codes, Rules and Regulations (“NYCRR”) to be sure you reference the correct document for the industry you seek: 12 NYCRR Part 141 (building service), Part 142 (miscellaneous industries), Part 143 (nonprofit) and Part 146 (hospitality).

NOTE:  Underlined items show the proposed rate changes to allowances or credits which result from the increase in the State Minimum Wage rate. No changes are proposed for rules such as recordkeeping requirements.

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The Division of Labor Standards enforces minimum wage standards  for farm workers. After a review of the application provided, we issue a certificate of registration to migrant farm labor contractors, growers and food processors that bring migrant farm labor into the State.  We enforce compliance with the conditions set forth in the registration. We also issue permits to labor camp commissaries.

Search Farm Program Registrants

Minimum Wage Standards for Farm Workers

The Minimum Wage Order for Farm Workers applies only to farm workers employed on farms where the total cash remuneration paid all persons employed on the farm exceeded $3,000 in the previous calendar year.

The Minimum Wage Order for Farm Workers provides that all workers, with certain exceptions, must be paid at least $8.00 per hour. This does not include:

  • Members of the employer's immediate family

The wage order permits employers to deduct specified allowances from the minimum wage for:

  • Meals
  • Lodging (except for seasonal migrant workers)

Payments in kind must cost no more than the farm market value.

Employers must post these items in a conspicuous place in their establishment:

  • A summary of the wage order
  • A copy of the general work agreement

Farm Labor Forms

Grower or Processor Certificate of Registration (open in a new window) (LS 113) – Needed for Grower or Processor that:
  • Employs five or more out-of-state migrants
  • Even if they do not use the services of a Farm Labor Contractor
Farm Labor Contractor Certificate of Registration (open in a new window)(LS 113.1) - Required for any:
  • Individual
  • Firm
  • Partnership
  • Cooperative
  • Association
  • Corporation

That charges a fee to:

  • Recruit
  • Transport
  • Supply
  • Hire
  • Supervise farm or food processing workers on behalf of a third party

The Grower or Processor that uses the contractor's services must countersign this Certificate of Registration. 

Farm Labor Camp Commissaries Permit (open in a new window)(LS 113.1) - Any person who operates a Farm Labor Camp Commissary must first get a permit before starting operation.

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