The Agricultural Overtime Exemption: A Historical Perspective
Agricultural workers have long occupied a unique and often disadvantaged position in American labor law. When the Fair Labor Standards Act was enacted in 1938, farmworkers were deliberately excluded from both minimum wage and overtime protections. This exclusion was the product of political compromise, with Southern lawmakers insisting on exempting agricultural workers — a workforce that was disproportionately Black and Latino — from the new labor protections being extended to other industries.
While subsequent amendments to the FLSA have extended minimum wage protections to most agricultural workers, the overtime exemption remains largely intact at the federal level. Section 13(b)(12) of the FLSA exempts agricultural employees from the overtime provisions of the Act, meaning that farmworkers can legally be required to work 50, 60, or even 70 hours per week without receiving any overtime premium. This exemption applies to the roughly 2.4 million hired farmworkers in the United States, making it one of the broadest overtime exemptions in federal law.
Who Qualifies as an Agricultural Worker?
The FLSA defines agriculture broadly to include farming in all its branches, as well as activities performed by a farmer or on a farm that are incidental to or in conjunction with farming operations. This includes:
- Cultivating, tilling, and harvesting crops
- Raising livestock, poultry, and dairy animals
- Handling, packing, and storing farm commodities
- Operating farm machinery and irrigation equipment
- Preparing products for market on the farm
- Delivering products to storage, market, or carrier for transportation
The Changing Landscape: State-Level Reforms
While the federal agricultural overtime exemption remains in place, a growing number of states have enacted their own laws extending overtime protections to farmworkers. This movement has gained significant momentum in recent years, driven by advocacy from farmworker organizations, labor unions, and social justice groups who argue that the historical exclusion of agricultural workers from overtime is rooted in racial discrimination and is no longer justifiable.
California
California was a pioneer in extending overtime to farmworkers. Starting in 2019, the state began a phased-in approach that gradually reduced the overtime threshold for agricultural workers from 60 hours per week to 40 hours per week. As of January 1, 2025, California farmworkers at large agricultural employers (26+ employees) are entitled to overtime after 40 hours per week and after 8 hours per day — the same standard that applies to workers in all other industries.
Washington
Washington state enacted a similar phased-in approach beginning in 2022. Under the law, the overtime threshold for dairy workers dropped immediately to 40 hours per week, while other agricultural workers saw the threshold gradually decrease from 55 hours in 2022 to 48 hours in 2023 and 40 hours by 2024. Washington's law represents one of the most comprehensive state-level reforms for farmworker overtime rights.
New York
New York extended overtime protections to farmworkers in 2020, initially setting the threshold at 60 hours per week. A state advisory board subsequently recommended lowering the threshold to 40 hours, though the implementation timeline and final threshold are subject to regulatory action. New York farmworkers also received a day of rest per week under the Farm Laborers Fair Labor Practices Act.
Other States
Several other states have enacted or are considering farmworker overtime legislation. Colorado passed a law in 2021 extending overtime protections to agricultural workers, and Oregon enacted similar legislation in 2022 with a phased approach. Minnesota, Maryland, and other states have active legislative efforts to expand farmworker protections. Hawaii has long required overtime for agricultural workers under its state wage and hour law.
"The tide is turning for agricultural workers. After decades of exclusion, more states are recognizing that the people who grow and harvest our food deserve the same overtime protections as workers in every other industry."
Federal Legislative Efforts
At the federal level, the Fairness for Farm Workers Act has been introduced in multiple sessions of Congress. This bill would eliminate the agricultural overtime exemption from the FLSA entirely, requiring overtime for all farmworkers after 40 hours per week. While the bill has not yet been enacted, it has garnered increasing support and reflects growing recognition that the agricultural exemption is an outdated relic of a discriminatory era.
Piece-Rate Pay and Overtime in Agriculture
Many agricultural workers are paid on a piece-rate basis — earning a set amount for each bushel picked, row harvested, or unit processed. In states that require agricultural overtime, the calculation of overtime for piece-rate workers follows the same principles as other industries: total piece-rate earnings are divided by total hours worked to determine the regular rate, and overtime is paid at one-half times that rate for overtime hours (since straight time has already been compensated through the piece rate).
However, in states where the agricultural exemption still applies, piece-rate workers may receive no additional compensation regardless of how many hours they work. This means a worker picking produce for 60 hours in a week earns the same per-unit rate for hours 41 through 60 as for the first 40 hours.
H-2A Visa Workers and Overtime
Agricultural workers who come to the United States under the H-2A temporary agricultural worker visa program are subject to the same overtime rules as domestic farmworkers. They are exempt from FLSA overtime at the federal level but may be entitled to overtime under state law if they work in a state that has extended protections to agricultural workers. H-2A workers are guaranteed certain other protections, including a minimum wage rate (the Adverse Effect Wage Rate), free housing, transportation, and certain working conditions.
Related Exemptions and Categories
In addition to the broad agricultural exemption, the FLSA contains several related provisions that affect specific categories of agricultural workers:
- Section 13(a)(6): Provides a complete exemption (from both minimum wage and overtime) for agricultural workers employed by small farms that used fewer than 500 man-days of agricultural labor in any calendar quarter of the preceding year.
- Section 13(b)(13): Exempts from overtime certain employees engaged in the first processing of agricultural commodities, such as cotton ginning or sugar beet processing, during seasonal periods.
- Section 13(b)(14): Exempts from overtime employees engaged in the irrigation of agricultural land.
- Section 13(b)(16): Exempts from overtime employees engaged in the harvesting of aquatic products.
Practical Steps for Agricultural Workers
If you work in agriculture, the first step is to determine whether your state has enacted overtime protections for farmworkers. If you work in a state with such protections, you are entitled to overtime regardless of the federal exemption. Keep detailed records of your hours worked — this is especially important if you are paid on a piece-rate basis, as your employer may not keep accurate time records for overtime purposes.
Even in states without agricultural overtime, you are still entitled to the federal minimum wage (unless your employer qualifies for the small-farm exemption) and to other protections under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), which requires certain disclosures, record-keeping, and working condition standards.
Looking Forward
The agricultural overtime exemption is one of the last major vestiges of a labor law framework that was built on exclusion and inequality. As more states extend overtime protections to farmworkers and as federal legislation continues to gain support, the landscape is shifting in favor of greater equity. If you work in agriculture, stay informed about the laws in your state, keep careful records of your hours, and do not hesitate to seek legal assistance if you believe your rights are being violated. Use our overtime calculator to understand what you would earn with proper overtime compensation.