Farm Worker Rights
Migrant and Seasonal Farmworkers Have These Rights
The Migrant and Seasonal Agricultural Worker Protection Act requires agricultural employers, agricultural associations, farm labor contractors and their employees to observe certain labor standards when employing migrant and seasonal farmworkers unless specific exemptions apply.
- To receive accurate information about wages and working conditions for the prospective employment
- To receive this information in writing and in English, Spanish or other languages, as appropriate, at the time of recruitment (for migrant workers)
- To have the terms of the working arrangement upheld
- To have farm labor contractors show proof of registration at the time of recruitment
- To be paid wages when due
- To receive itemized, written statements of earnings for each pay period
- To purchase goods from the source of their choice
- To be transported in vehicles which are properly insured and operated by licensed drivers, and which meet federal and state safety standards
- For migrant farmworkers who are provided housing
- To be housed in property which meets federal and state safety and health standards
- To have the housing information presented to them in writing at the time of recruitment
- To have posted in a conspicuous place at the housing site or presented to them a statement of the terms and conditions of occupancy, if any
- To file a complaint with DOL or file suit directly in federal district court
H-2A Farmworkers also Have These Rights
The Immigration and Nationality Act (INA) allows for the employment of temporary, non-immigrant workers in agriculture (H-2A workers). H-2A Farmworkers Also Have These Rights:
In route to and from the U.S.
- To receive reimbursement for visa-related and other recruitment expenses
- To receive payment for transportation, food and (when required) lodging
While in the U.S.
- Safe Employer provided transportation, safe housing, and adequate cooking facilities or three meals a day at regulated cost
- Any worker employed by an H-2A employer working in a job covered by the labor certification or doing the same agricultural work as the H-2A workers may also be entitled to these rights
USDOL - Wage and Hour Division Workers Rights Card
For a complete list of these requirements, see the Cultivating Compliance Employers Guide and Video.
- Guide: http://www.dol.gov/whd/FLSAEmployeeCard/AgGuideEnglish.pdf
- Video: https://www.youtube.com/watch?v=uVSbjfeu-o4&feature=youtube_gdata