Farm Worker Rights in Pennsylvania: Agricultural Worker Protections

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes minimum wage ($7.25 per hour federally) and overtime protections (time-and-a-half for hours over 40 per week) for agricultural workers employed by covered employers. Farms with employees engaged in commerce, or whose annual gross sales exceed $500,000, must comply with FLSA. However, the FLSA exempts certain small farms from overtime requirements if they employ fewer than 500 worker-days of agricultural labor in any calendar quarter.

The Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA), 29 U.S.C. § 1801 et seq., provides federal protections specifically for migrant and seasonal workers. MSAWPA requires: (1) written disclosure of all material terms of employment before work begins, (2) payment of wages in timely manner (no later than weekly or as required by state law), (3) provision of safe and sanitary housing that meets Housing and Urban Development (HUD) standards, (4) transportation in safe vehicles, and (5) notice of any pesticide application.

Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq., applies safety and health standards to farms with 11 or more employees. OSHA covers hazardous conditions, machinery guarding, pesticide handling, and worker training. Agricultural employers are required to maintain a safe workplace and report work-related injuries and illnesses. The Equal Employment Opportunity Act (Title VII, 42 U.S.C. § 2000e) prohibits discrimination based on race, color, religion, sex, or national origin for farms with 15 or more employees. The Occupational Safety and Health Administration (OSHA) and the Department of Labor (DOL) enforce these protections.

Pennsylvania's minimum wage law, 34 Pa.C.S. § 4102, applies to all workers including agricultural employees and does not contain an agricultural exemption. As of 2024, Pennsylvania's minimum wage is $7.25 per hour, indexed annually for inflation. Pennsylvania extends the same minimum wage protections to farm workers as non-farm workers, meaning there is no separate lower agricultural wage rate, contrasting with some other states that historically allowed reduced agricultural wages.

Under Pennsylvania Workers' Compensation Law, 77 P.S. § 1 et seq., agricultural workers are entitled to workers' compensation coverage if employed on farms. However, farms with 4 or fewer regular full-time employees may be exempt from mandatory coverage, though employers can elect to provide it. This is narrower coverage than federal OSHA in some respects and must be distinguished from OSHA safety protections, which apply separately. Pennsylvania has no separate state agricultural labor act beyond these protections.

Pennsylvania child labor laws, codified in 34 Pa.C.S. § 4101 et seq., do not exempt agricultural work from state restrictions. Workers under 16 cannot work during school hours, and those under 18 have restrictions on hazardous equipment, regardless of whether the work is on a farm. This differs from the FLSA, which has broader agricultural exemptions for child labor on small farms and for certain hazardous work performed by children of farm owners.

Migrant and seasonal farm workers in Pennsylvania are protected under both the federal MSAWPA and Pennsylvania's Residential Tenancy Act, 68 P.S. § 250.101 et seq., which requires farm labor housing to meet habitability standards. Pennsylvania state law does not add significant additional protections beyond MSAWPA, meaning enforcement relies primarily on federal standards. Pennsylvania employers must comply with both federal wage and hour requirements and state minimum wage law, with the higher standard applying when there is a conflict.

Agricultural workers may be classified as independent contractors if they operate as self-employed, meet the ABC test for independent contractor status, and do not perform work on the farm owner's property under the farm owner's control. However, misclassification is common and can expose employers to wage and hour liability.

The FLSA exempts certain agricultural work performed by family members on small farms (those with annual gross receipts under $500,000). Work performed by the farm operator's spouse, children, and parents on that farm may be excluded from minimum wage and overtime requirements, though this exemption is narrowly construed and does not apply if the family members are treated as employees with others doing similar work.

Pennsylvania workers' compensation law exempts farms with 4 or fewer regular full-time employees from mandatory coverage, though they may elect to provide it. Once an employer elects coverage, they must maintain it. An employee injured on a farm without workers' compensation may pursue a common-law negligence claim, though recovery can be limited.

Children of farm owners working on the family farm are excluded from some child labor restrictions under federal FLSA if performing non-hazardous work, though Pennsylvania state law does not contain this exemption. Hazardous farm work (operation of machinery, pesticide handling, work with open flame or electrical hazards) is restricted for workers under 16 federally and under 18 in Pennsylvania without exemption.

An employer affirmative defense to wage and hour violations is that the worker was misclassified as an independent contractor and therefore not an employee. However, if the worker was in fact an employee, the misclassification defense fails. Employers may also defend claims by showing compliance with bona fide collective bargaining agreements, though agricultural unionization in Pennsylvania is limited.

Step 1 — Document the violation. Keep detailed records including: (1) all pay stubs, time records, and calculations showing wage shortfalls or unpaid overtime; (2) written employment contracts or offer letters; (3) MSAWPA-required disclosures (if applicable); (4) photographs of unsafe conditions or substandard housing; (5) correspondence with the employer about the issue; (6) contemporaneous notes on dates, times, people present, and what was said; (7) any communications from coworkers about the same issue. Maintain originals and digital copies in a safe location.

Step 2 — Report internally to your employer if safe to do so. Provide written notice (email, letter, or hand-delivered) to your supervisor or the farm owner documenting the specific violation (unpaid wages, unsafe condition, housing deficiency). Request a written response with a timeline for correction. Document this communication. Internal complaints create a record of notice and may show bad faith if the employer retaliates or fails to remedy the violation.

Step 3 — File a wage claim or complaint with the appropriate agency. For wage and hour violations (unpaid minimum wage, overtime, wage theft): file with the U.S. Department of Labor Wage and Hour Division at www.dol.gov/agencies/whd/contact or call 1-866-4-USDOL (1-866-487-8365). You may also file with Pennsylvania's Bureau of Labor Law Compliance via the Pennsylvania Department of Labor & Industry at www.dli.pa.gov or call 717-787-3756. For migrant worker violations (MSAWPA breaches, housing violations, contract issues): file with the DOL Wage and Hour Division Migrant and Seasonal Worker Program. Include: (1) your name, contact information, and work authorization status if comfortable sharing; (2) employer name, address, and phone; (3) dates of employment; (4) detailed description of violation with dates; (5) copies of pay stubs or wage records; (6) housing photos if applicable; (7) witness contact information if available. Most agencies accept complaints online, by phone, or by mail. There is no filing fee.

Step 4 — Expect the investigation process. After filing, the agency typically contacts the employer within 1-2 weeks to notify them of the complaint and request records. The investigation period is generally 30-60 days for wage claims but can extend to 6 months for complex MSAWPA cases. The agency may request additional information from you, inspect the farm premises, and interview other workers. You have the right to remain anonymous in some contexts, though the employer will know a complaint was filed. If the agency finds a violation, it will issue a citation and order the employer to pay back wages, penalties, and interest. You do not have to attend a hearing unless you choose to appear.

Step 5 — Consult an attorney if needed. Contact an employment law attorney if: (1) the violation involves significant back wages ($5,000+); (2) you experienced retaliation (wage cuts, threats, termination, reduced hours); (3) you are undocumented and fear immigration enforcement; (4) the employer disputes your classification as an employee; (5) the agency investigation stalls or you disagree with its findings; (6) you need representation in further proceedings. Legal aid organizations serving migrant and farm workers in Pennsylvania include the Pennsylvania Justice Center (215-923-4702) and the American Civil Liberties Union (ACLU) Pennsylvania office. Many attorneys handle farm worker cases on contingency (no upfront cost).