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Department of Labor

Farm Laborers Fair Labor Practices Act

Effective January 1, 2020:

Wages and Overtime

All farmworkers, including Foreign Visa workers, must now be paid one and a half times the regular rate of pay for hours worked over 60 in a calendar week. For more information, please contact the NYS Department of Labor at 833-NY-FARMS (833-693-2767) or see the Farm Labor overview page.

Day of Rest

Employers must provide at least one day (24 consecutive hours) of rest in every calendar week. The employer must designate, and notify the worker in advance of, their day of rest and, whenever possible, ensure that the day off coincides with a traditional day for religious worship. Farmworkers are permitted to voluntarily work on the day of rest, provided the employer pays them at the overtime rate. Employers must keep a weekly record of hours and days worked. For more information, please contact the NYS Department of Labor at 833-NY-FARMS (833-693-2767) or see the Farm Labor overview page.

Unemployment Insurance

Farm employers, and farm crew leaders under certain conditions, are required to provide unemployment insurance coverage for their employees. H-2A Foreign Guest Workers are excluded from unemployment insurance coverage. For more information, please contact the NYS Department of Labor Unemployment Insurance Employer Hotline at 888-899-8810.

Workers' Compensation

Farm employers, owners and operators are required to provide workers' compensation coverage for their employees, regardless of their annual payroll, and all employers are required to post the mandatory workers' compensation notice of compliance poster in both English and Spanish. Additionally, farm labor contractors, forepersons and supervisors who receive notice of an injury must notify the employer, owner or operator of the farm where the injury occurred, and employers are prohibited from discriminating against farm laborers who request workers' compensation claim forms. For more information, please contact the Workers' Compensation Board at 877-632-4996 or see http://www.wcb.ny.gov/.*

Disability Insurance and Paid Family Leave

Farm employers, owners and operators are required to provide New York's disability benefits (DB) and Paid Family Leave (PFL) insurance coverage to eligible farm laborers. See PaidFamilyLeave.ny.gov for information on PFL employee eligibility and opt-out waivers that employers must give to those who qualify. All employers are prohibited from discriminating against employees who request DB or PFL claim forms. Formore information, please call 844-337-6303.*

    *For more information and employer resources related to workers’ compensation, disability benefits and paid family leave, please see the Workers’ Compensation Board’s Toolkit for Farm Employers at http://www.wcb.ny.gov/farmtoolkit/.

Right to Organize

Farmworkers possess the right to organize, which includes forming, joining, or assisting labor organizations, and the right to bargain collectively through representatives of their own choosing. This includes the right to engage in concerted activities (any activity, discussion, or meeting directed at improving terms and conditions of employment, or the group interests of employees), for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion of employers. However, farmworkers do not have the right to strike. Farmworkers are protected from retaliation, including termination, if they are speaking to each other about labor conditions and organizing. For more information, please contact the Public Employment Relations Board at 518-457-6410 or see perb.ny.gov.

Effective JANUARY 1, 2021:

Migrant Farmworker Housing Permit:

Employers are required to contact the NYS Department of Health (or local County Health Department) and apply for a permit to operate a farm or processing labor camp which will be occupied by one or more migrant workers. For information on the permitting process, please contact the NYS Department of Health at 518-402-7600. Find your county health department at: www.health.ny.gov/contact/contact_information.

Information and resources

Farm Laborers Fair Labor Practices Act fact sheet

You can download a PDF version of our Farm Laborers Fair Labor Practices Act fact sheet.

For Other languages

Farm Laborers Fair Labor Practices Act Frequently Asked Questions - English

Here are some frequently asked questions about the Farm Laborers Fair Labor Practices Act .

Farm Laborers Fair Labor Practices Act Frequently Asked Questions - Spanish

Here are some frequently asked questions about the Farm Laborers Fair Labor Practices Act in Spanish.

Required posters for agricultural businesses - new for 2020

Here is a list of required posters for agricultural businesses.

Pay Notice and Work Agreement for Farmworkers - new for 2020

Download the Pay Notice and Work Agreement for Farmworkers.

Download the Pay Notice and Work Agreement for Farmworkers in Spanish.

Samples?

You can view completed samples of Form LS 309 in English and in Spanish.

Farm Minimum Wage Poster - new for 2020

Download the Farm Minimum Wage Poster.

Download the Farm Minimum Wage Poster in Spanish.

For Other languages

Application for Growers/Processor Certificate of Migrant Registration - new for 2020

Download the Application for Growers/Processor Certificate of Migrant Registration.

Download the Application for Growers/Processor Certificate of Migrant Registration in Spanish.

For Other languages

Application For Farm Labor Contractor Certificate of Registration/Application for Farm Labor Camp Commissary Permit - new for 2020

Download the Application For Farm Labor Contractor Certificate of Registration/Application for Farm Labor Camp Commissary Permit (LS 113.1).

Download the Application For Farm Labor Contractor Certificate of Registration/Application for Farm Labor Camp Commissary Permit in Spanish (LS 113s).

For Other languages

A Farmer's Guide to the New York State Department of Labor - new for 2020

Download A Farmer's Guide to the New York State Department of Labor.

Services and Protections for Farm Laborers - new for 2020

Download the booklet Services and Protections for Farm Laborers.

 

Complaint Form for Farm Laborers - new for 2020

Download the Complaint Form for Farm Laborers.

Download the Formulario de queja para trabajadores agrícolas.

 

Recorded Webinars

Labor Law Compliance with the Farm Laborers Fair Labor Practices Act

Overview of Farm Laborers Fair Labor Practices Act

Staff locator

View a map showing the Agriculture Labor Program field staff assignments.

 

More online resources

Visit our Services for Agricultural Employers page.

Visit our Services for Agricultural Workers page.

Visit our Division of Immigrant Policies and Affairs' Forms and Publications page.

 

The Farm Laborers Fair Labor Practices Act fact sheet is also available in the following non-English languages.

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