Wage and Hour Division (WHD)
The Wage and Hour Division is responsible for administering a number of statutes that extend various protections to different types of agricultural workers. The coverage and requirements of these statutes may overlap. For more assistance with the requirements of each law, see the sections below. Because the interplay between the laws can be complex, please contact the nearest Wage and Hour District office with specific questions.
- The Fair Labor Standards Act (FLSA) contains Federal minimum wage, overtime, recordkeeping, and child labor requirements for covered agricultural employers.
- The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures, and recordkeeping. The MSPA also requires farm labor contractors (FLCs) and farm labor contractor employees (FLCEs) to register with the U.S. Department of Labor and to obtain special authorization before housing, transporting, or driving covered workers.
- The H-2A visa program establishes standards related to recruitment, wages, housing, transportation, and recordkeeping for employers of temporary non-immigrant agricultural workers admitted to the country under section 218 of the Immigration and Nationality Act.
- The Field Sanitation Provisions of the Occupational Safety and Health Act establish minimum standards for covered agricultural settings for toilets, potable drinking water, hand-washing facilities, and for providing information regarding good hygiene practices.