PURPOSE AND SCOPE
As an aid to public policymakers, program administrators, legal personnel and others with an interest in farmworkers or agricultural employment, this resource represents an attempt to inventory as comprehensively as possible existing labor laws in the United States and the Commonwealth of Puerto Rico, and to assess their applicability in agriculture. The common element among the 1,047 listings cataloged here is that each such provision imposes a duty, limitation or liability on employers for the protection or benefit of their employees.
CONTENT OVERVIEW
Federal Provisions. The first option on the home page links the user with legislation enacted by Congress, measures which apply to affected employers and employees in all parts of the country and are generally administered by agencies of the U.S. government. As noted on the index page, the laws are arranged under ten major subject classifications and further subdivided into more specific regulatory topics. The popular name or short title of each federal provision summarized on the site appears in the index on the appropriate subject line, followed by a symbol indicative of the extent to which the law applies to agricultural employment; the coverage codes are explained more fully below. Clicking the name or title of any provision in the listing will open the corresponding summary.
State Provisions. The labor laws of the 50 states and Puerto Rico are presented in essentially the same format as the federal material. Clicking the state name on the index page opens an itemized table listing the state laws included in the inventory, and clicking the name or title of the provision leads to the summary itself.
All Provisions by Topic. Click this button, then select a specific subject of interest to access the law summaries in that category, sorted by jurisdiction.
Coverage at a Glance. A graphic recap of agricultural coverage of the employment standards cataloged on the site can be accessed by clicking the button labeled "Coverage at a Glance."
Related Farmworker Resources. To help connect visitors to the site — particularly farmworker program administrators — to others who are directly involved in the resolution of agricultural employment problems, clicking this button on the home page will take you to a brief description and contact information on (1) the nationwide network of farmworker career services and housing programs administered by the U.S. Department of Labor, (2) the agricultural worker legal assistance projects supported by the Legal Services Corporation, and (3) the farmworker Monitor Advocate corps in the state workforce agencies.
State Provisions. The labor laws of the 50 states and Puerto Rico are presented in essentially the same format as the federal material. Clicking the state name on the index page opens an itemized table listing the state laws included in the inventory, and clicking the name or title of the provision leads to the summary itself.
All Provisions by Topic. Click this button, then select a specific subject of interest to access the law summaries in that category, sorted by jurisdiction.
Coverage at a Glance. A graphic recap of agricultural coverage of the employment standards cataloged on the site can be accessed by clicking the button labeled "Coverage at a Glance."
Related Farmworker Resources. To help connect visitors to the site — particularly farmworker program administrators — to others who are directly involved in the resolution of agricultural employment problems, clicking this button on the home page will take you to a brief description and contact information on (1) the nationwide network of farmworker career services and housing programs administered by the U.S. Department of Labor, (2) the agricultural worker legal assistance projects supported by the Legal Services Corporation, and (3) the farmworker Monitor Advocate corps in the state workforce agencies.
FORMAT OF LAW SUMMARIES
With only minor variations, all entries in both the federal and state sections are laid out and captioned as follows:
Statutory Citation. The common name or short title of the provision being summarized appears in boldface caps at the top of the entry, followed by a reference to the section or sections of the U.S. Code or state statutes where the actual legislative language may be found. Since Congress and the legislatures often leave the development of specific standards and compliance procedures to the discretion of the enforcement or administering agencies, if the summary deals to any extent with regulatory material, there may also be a citation to relevant sections of the Code of Federal Regulations, the state administrative code, or an agency rule.
General Summary. After the statutory or regulatory citation, the reader will typically find a one-paragraph summary of the scope or intent of the law under review, including in many cases a brief general definition of the universe of employers subject to its requirements or the workers entitled to its benefits.
Provisions Applicable to Agriculture. The opening overview leads into a specific statement regarding the provision's applicability to agriculture, which may entail only a single sentence where the provision categorically excludes agricultural employment, or up to several paragraphs in the case of a law whose agricultural coverage criteria are complex or considerably different from those applicable to non-agricultural situations. Provisions that apply equally to farm and non-farm employment, and those that are relevant only to agriculture (the pesticide statutes and the farm labor contractor registration laws, for instance), are described in similar detail, under the alternate catchline, "Specific Terms and Conditions."
Special Notes or Advisories. Miscellaneous procedural information with a significant bearing on the protections or benefits afforded by the provision in question may follow the terms and conditions section. Prohibitions against retaliation, jurisdictional matters such as preemption, and pending legal challenges or court rulings affecting the validity of the legislation are examples of the sort of issues addressed under this caption.
Administration and Enforcement. In general, the name, headquarters city, mail-address ZIP code, and telephone number of the primary agency responsible for enforcing compliance with the law or administering the benefits involved are highlighted in italics, followed by a synopsis of the lead agency's related functions and authorities; where the provision does not apply to agricultural labor, only the agency name, location and ZIP code appear. Similar information is provided for each secondary or related agency, if any, and statutorily prescribed penalties for non-compliance are commonly cited in this section also. If the statute grants workers an explicit right to sue for violations, a statement to that effect will appear after the sub-head, "Private Civil Action."
Statutory Citation. The common name or short title of the provision being summarized appears in boldface caps at the top of the entry, followed by a reference to the section or sections of the U.S. Code or state statutes where the actual legislative language may be found. Since Congress and the legislatures often leave the development of specific standards and compliance procedures to the discretion of the enforcement or administering agencies, if the summary deals to any extent with regulatory material, there may also be a citation to relevant sections of the Code of Federal Regulations, the state administrative code, or an agency rule.
General Summary. After the statutory or regulatory citation, the reader will typically find a one-paragraph summary of the scope or intent of the law under review, including in many cases a brief general definition of the universe of employers subject to its requirements or the workers entitled to its benefits.
Provisions Applicable to Agriculture. The opening overview leads into a specific statement regarding the provision's applicability to agriculture, which may entail only a single sentence where the provision categorically excludes agricultural employment, or up to several paragraphs in the case of a law whose agricultural coverage criteria are complex or considerably different from those applicable to non-agricultural situations. Provisions that apply equally to farm and non-farm employment, and those that are relevant only to agriculture (the pesticide statutes and the farm labor contractor registration laws, for instance), are described in similar detail, under the alternate catchline, "Specific Terms and Conditions."
Special Notes or Advisories. Miscellaneous procedural information with a significant bearing on the protections or benefits afforded by the provision in question may follow the terms and conditions section. Prohibitions against retaliation, jurisdictional matters such as preemption, and pending legal challenges or court rulings affecting the validity of the legislation are examples of the sort of issues addressed under this caption.
Administration and Enforcement. In general, the name, headquarters city, mail-address ZIP code, and telephone number of the primary agency responsible for enforcing compliance with the law or administering the benefits involved are highlighted in italics, followed by a synopsis of the lead agency's related functions and authorities; where the provision does not apply to agricultural labor, only the agency name, location and ZIP code appear. Similar information is provided for each secondary or related agency, if any, and statutorily prescribed penalties for non-compliance are commonly cited in this section also. If the statute grants workers an explicit right to sue for violations, a statement to that effect will appear after the sub-head, "Private Civil Action."
COVERAGE CODES
As a device for summarizing agricultural coverage visually without bewildering the reader with complex symbology, the following three codes are used in the federal and state indexes, the main text and the appended coverage table to characterize the provisions surveyed in this guide:
◉ A general labor law or employment standard that applies to agricultural and non-agricultural workers on substantially equal terms, or an agricultural provision that applies to virtually all farmworkers.
◒ A general law whose agricultural coverage is substantially narrower than its non-agricultural coverage, or an agricultural provision that applies to only certain classes of farmworkers or under certain less-than-universal coverage criteria.
◯ A provision that is not applicable to agricultural employment.
Assignment of the appropriate code to a certain statute or regulation may, of course, involve some editorial discretion, especially where coverage criteria are non-numerical, but for the purpose of deducing a broad profile of the scope and equitability of the labor laws in a given jurisdiction, this classification scheme is reasonably reliable.
◉ A general labor law or employment standard that applies to agricultural and non-agricultural workers on substantially equal terms, or an agricultural provision that applies to virtually all farmworkers.
◒ A general law whose agricultural coverage is substantially narrower than its non-agricultural coverage, or an agricultural provision that applies to only certain classes of farmworkers or under certain less-than-universal coverage criteria.
◯ A provision that is not applicable to agricultural employment.
Assignment of the appropriate code to a certain statute or regulation may, of course, involve some editorial discretion, especially where coverage criteria are non-numerical, but for the purpose of deducing a broad profile of the scope and equitability of the labor laws in a given jurisdiction, this classification scheme is reasonably reliable.
CAUTIONARY REMINDERS
All entries included on these pages have been reviewed for accuracy, in most cases by their respective administering agencies, and reflect statutory and regulatory policy as of early 2017. This material is not currently being updated, nor does the publishing agency anticipate being able to do that on any formal or regular basis.
Whether consulting this website about a specific provision in a particular state or reading for general information, the user should keep in mind that the body of law from which this material is distilled is subject to change — often minor, sometimes dramatic — with every passing session of Congress, the state legislatures and the courts. Any doubt about the current language or interpretation of the law should be resolved by referring to official written sources, contacting a relevant administrative agency, or conferring with a knowledgeable attorney.
Although the federal and state civil rights laws, the federal immigration act and other provisions assessed in this online publication deal in part with subject matter outside the realm of employment, no attempt has been made to expound on the non-employment-related aspects of any item in the inventory. Similarly, to the extent that a statute contains distinct agricultural provisions, the synopsis addresses only those rights and conditions applicable to farmworkers, farm employers or the agricultural workplace.
Finally, it's worth noting that formal enactment of labor legislation or adoption of administrative rules is no guarantee that covered employees will benefit fully or consistently from the prescribed protections or entitlements. The fact is, the agencies responsible for enforcing employment standards are not always adequately staffed to maintain uniform compliance, and in some cases administrative penalties may be so lax that violation of the law is financially less taxing than compliance. Where administrative enforcement is effectively neutralized, vigorous pursuit of civil remedies and available criminal sanctions is advisable.
Whether consulting this website about a specific provision in a particular state or reading for general information, the user should keep in mind that the body of law from which this material is distilled is subject to change — often minor, sometimes dramatic — with every passing session of Congress, the state legislatures and the courts. Any doubt about the current language or interpretation of the law should be resolved by referring to official written sources, contacting a relevant administrative agency, or conferring with a knowledgeable attorney.
Although the federal and state civil rights laws, the federal immigration act and other provisions assessed in this online publication deal in part with subject matter outside the realm of employment, no attempt has been made to expound on the non-employment-related aspects of any item in the inventory. Similarly, to the extent that a statute contains distinct agricultural provisions, the synopsis addresses only those rights and conditions applicable to farmworkers, farm employers or the agricultural workplace.
Finally, it's worth noting that formal enactment of labor legislation or adoption of administrative rules is no guarantee that covered employees will benefit fully or consistently from the prescribed protections or entitlements. The fact is, the agencies responsible for enforcing employment standards are not always adequately staffed to maintain uniform compliance, and in some cases administrative penalties may be so lax that violation of the law is financially less taxing than compliance. Where administrative enforcement is effectively neutralized, vigorous pursuit of civil remedies and available criminal sanctions is advisable.