This US Department of Labor Video for Agricultural Employers gives a brief overview of laws that cover agricultural workers in the United States, such as the Fair Labor Standards Act, the Migrant and Seasonal Worker Protection Act, the Immigration and Nationality Act, and the Occupational Safety and Health Act. It includes important information for growers who employ local workers, domestic migrant workers, and H-2A workers.
Looking for workers for your farm in New York?
The New York State Department of Labor offers many free services to businesses, including assisting employers with the recruitment of qualified workers on a temporary, seasonal, or year-round basis. The mechanism for doing this is posting a free job order in our job matching system. If you determine that you would like to hire workers, you can contact your Agriculture Labor Specialist or any Department of Labor office to ask for assistance with meeting your workforce requirements. You can choose self-service, submit your order by facsimile, or provide the information over the phone. We recommend that you provide at least the following information.
*You can choose to have the interested worker contact you directly (by telephone, by e-mail, or in person) or require that prospective employees be referred by the Department of Labor. Whenever possible, our Agriculture Labor Specialists assist job seekers who are looking for farm work.
Specifically in Agriculture, you have the option to have your job order posted not only locally but statewide and interstate using the U. S. Department of Labor's Agricultural Recruitment System, through your local New York State Career Center, or by contacting your Agriculture Labor Specialist.
For information about the guest worker visa program, visit our Foreign Labor Certification Unit page.
There are several ways to open a Job Order. You can complete the Agricultural Employment Services Outreach Form (AL 515) and send it in by fax or by email to your Agriculture Labor Specialist.
The state Department of Labor has incentive programs to assist employers who hire individuals from certain targeted populations. There are also other free services available to businesses.
For example, if you are recruiting for year-round work, your business may be eligible for the On-The-Job Training Program.
Farm Labor Contractors
You have the option of hiring a licensed Farm Labor Contractor (FLC) to handle your worker recruitment. You can search for registered FLCs who recruit or manage workers in your area.
Your Agriculture Labor Specialist can supply you with required posters for your workplace. You can submit a request to receive posters at any time.
In order to assist agricultural employers in achieving compliance with New York's Wage Theft Prevention Act (WTPA), a number of forms and other resources are provided for your use.
Pay Notice and Work Agreement for agricultural employers
New York State Department of Labor Form LS 309 is a blank farm work agreement that contains all of the fields that employers must include to notify each employee in writing of conditions of employment at time of commitment to hire to comply with the Wage Theft Prevention Act. This form is also available in Chinese, Haitian Creole, Italian, Korean, Polish, Russian, and Spanish.
You can view completed samples of Form LS 309 in English and in Spanish.
Wage Statements for agricultural employers
New York State Department of Labor Form AL 447 is a blank wage statement. It contains all of the fields that employers of year-round or seasonal workers must provide to document each pay period to comply with the Wage Theft Prevention Act.
New York State Department of Labor Form AL 446 is a sample of a completed wage statement for agricultural workers.
You can view other completed sample wage statements.
More WTPA information
The Minimum Wage Rate Summary for Farmworkers summarizes the various minimum wage rates for agricultural workers for December 31, 2016 through December 30, 2017.
The Minimum Wage Order for Farmworkers provides the Rules and Regulations regarding minimum wage for agricultural workers for December 31, 2016 through December 30, 2017.
The Summary of New York State Labor Laws Relating to Farm and Food Processing Employment summarizes laws applicable to Agricultural Employers, Farm Labor Contractor’s, Farm Labor Commissary Operators, and some of the laws applicable to food processing plants.
Upon approval, an employer engaged in processing perishable produce may be granted a dispensation from certain requirements of the Labor Law, pursuant to the provisions of the Defense Emergency Act of 1951. To request approval, complete and submit the Application for Dispensation.
For information about other variances from certain parts of the labor law that are available to employers, visit the Division of Labor Standards' Permits Unit forms page.
Please visit our Division of Labor Standards for more resources for Agriculture Employers.
We have assembled three packets of information for agricultural employers. It is made up of a combination of Department of Labor publications and publications from other government agencies and other organizations.
Links to relevant web sites for employers
Water. Rest. Shade. OSHA's campaign to reduce heat-related illness
Agua. Sombra. Descansos. La campana de OSHA para prevenir las enfermedades a causa del calor en trabajadores al aire libre
Pesticide Worker Safety. Pesticide Worker Safety
Seguridad Laboral Al Usar Pesticidas. Seguridad Laboral Al Usar Pesticidas
Quick Reference Guide to the Worker Protection Standard. Quick Reference Guide to the Worker Protection Standard
Prevailing wage information (see U.S. Department of Labor links below)
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