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Agricultural minimum wage, explained: what farmworkers must be paid

The federal floor, farm labor exemptions, higher state rates, and the H-2A wage rule do different jobs. Here is how to tell which one applies.

By Save US Farms Desk·Published ·4 min read

There is no single agricultural minimum wage that answers every farmworker’s pay question. The federal Fair Labor Standards Act (FLSA) sets a baseline for covered workers. It also has agricultural exemptions. States can set stronger rules, while farms using the H-2A guest worker program face another wage test. The number on a paycheck depends on the work, the employer, the state, and sometimes the job order.

Assuming every farm job is exempt, or that $7.25 settles the question, can lead to the wrong answer.

The federal floor: $7.25, with real exceptions

The Department of Labor says the FLSA minimum wage is $7.25 an hour for covered, nonexempt employees. Farm work is generally within the law’s reach. Under the department’s agricultural employment fact sheet, agricultural employees who do not qualify for a minimum wage exemption must be paid at least that federal rate.

But the federal law does carve out some workers. A farm that used no more than 500 “man-days” of agricultural labor in any quarter of the previous calendar year is exempt from the FLSA minimum wage requirement for agricultural employees in the current year. A man-day counts when one employee does at least one hour of agricultural work on a day; it does not mean an eight-hour shift. Penn State Extension’s farm labor guide illustrates why even short bursts of work can push an operation past the threshold.

Other federal minimum wage exemptions include an employer’s immediate family members, workers principally engaged in raising livestock on the range, and certain local hand harvest workers paid by the piece who meet specific commuting and prior-season conditions. These are defined exceptions. The DOL fact sheet also says agricultural employees are exempt from federal overtime requirements. Minimum wage and overtime are separate questions.

The duties count, too. DOL notes that a packing-shed employee handling crops from another farm may be doing work outside the FLSA definition of agriculture. Calling a workplace a farm does not automatically make every task agricultural for wage-law purposes.

State law can raise the floor

An FLSA exemption does not decide whether a state wage law applies. States write their own coverage rules, and some set a higher rate for farmworkers. Where a worker is covered by both federal and state minimum wage laws, DOL says the higher rate applies. A state may also protect workers who fall outside a federal rule; the details have to be checked state by state.

Washington shows the gap clearly. Its labor department says most agricultural workers must receive the state minimum wage even when they are paid by the piece. For workers age 16 and older, that rate is $17.13 an hour in 2026, compared with the federal $7.25 floor. Washington also lists a narrow hand-harvest exemption, so even this example is not a promise that every worker in the state has identical coverage. The DOL state-law table is a starting point for comparing rates, but the state labor agency is the place to check agricultural coverage and current rules.

H-2A adds a separate wage test

The H-2A program lets employers hire temporary foreign workers for seasonal agricultural jobs. Its wage rule is built to protect both those workers and U.S. workers in corresponding employment on the same job order. According to DOL’s H-2A fact sheet, the employer must pay covered workers at least the highest applicable rate among the adverse effect wage rate (AEWR), a prevailing wage, a collective-bargaining rate, and the federal or state statutory minimum wage. A posted AEWR is therefore one part of the calculation, not always the final paycheck floor.

The AEWR is intended to keep H-2A hiring from depressing pay for similarly employed U.S. workers. USDA’s farm labor overview explains how its Farm Labor Survey has supplied wage data used to set rates for field and livestock jobs. The methodology and published rates can change; DOL’s live AEWR page is the place to check the rate for a particular job and state. The agency’s H-2A compliance guidance says an employer must also honor a higher wage offered in its job order.

This is why a dispute over an H-2A wage rule is not the same as changing the FLSA minimum wage. Recent court fights over H-2A pay concern a program-specific floor. They can still affect domestic workers in corresponding employment and the budgets of farms that use the program.

How to check a farm wage

Start with the work actually performed and whether the FLSA agricultural minimum wage exemption applies. Then check the state labor agency’s agricultural coverage and current rate. If the employer uses H-2A workers, compare the applicable AEWR, prevailing wage, collective-bargaining rate, statutory minimums, and the job order’s promised wage. For piece-rate work, check the total pay against the required hourly floor over the relevant pay period; DOL’s H-2A guidance expressly requires that comparison for covered H-2A jobs.

“Agriculture” is not a wage exemption by itself. DOL’s Wage and Hour Division and state labor agencies can answer questions about a particular job. Follow our farmworker coverage for the policy fights behind those rules.

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