New York State Website

FARM LABOR

The Division of Labor Standards enforces minimum wage standards for farm workers. After a review of the application provided, the Division issues certificates of registration to migrant farm labor contractors, growers and food processors who bring migrant farm labor into the State. Enforces compliance with the conditions set forth in the registration. Also issues permits to labor camp commissaries.

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 $6.00 per hour. This wage became effective on January 1. 2005. It will increase to $6.75 per hour as of January 1, 2006, $7.15 per hour as of January 1, 2007 and $7.25 per hour beginning July 24, 2009. This does not include members of the employer's immediate family and minors under 17 years of age employed as hand harvest workers on the same farm as their parents or guardians and who are paid on a piece-rate basis at the same rate as employees over 17.

The wage order permits specified allowances to be deducted from the minimum wage for meals and lodging supplied by an employer. However, an allowance for lodging is not permitted in the case of seasonal migrant workers. Payments in kind may be permitted at not more than the farm market value.

Employers must post a summary of the wage order in a conspicuous place in their establishment. A copy of the general work agreement must also be posted.

FARM LABOR FORMS

Grower or Processor Certificate of Registration (LS 113) – A Grower or Processor employing five or more out-of-state migrants must obtain a Certificate of Registration even if the Grower or Processor does not utilize the services of a Farm Labor Contractor during recruitment or employment.

Farm Labor Contractor Certificate of Registration (LS 113.1) - Any individual, firm, partnership, cooperative, association or corporation, who, for a fee, recruits, transports, supplies, hires or supervises farm or food processing workers on behalf of a third party must obtain a Certificate of Registration. This Certificate of Registration must be countersigned by the Grower or Processor utilizing the contractor’s services.

Farm Labor Camp Commissaries Permit (LS 113.1) - Any person who operates a Farm Labor Camp Commissary must obtain a permit in advance of operating such facility.

Youth Rate Certificate (LS 415.1)-An agriculural employer who possesses a Youth Rate Certificate may, under particular conditions, pay certain minors at a specified wage rate that is less than the basic hourly rate set forth in the minimum wage order for farms.