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Summary of the Exclusion of Farmworkers from New York Labor Laws

Collective Bargaining
Business/Industry: Workers protected when bargaining collectively

Farmworkers: No protection when bargaining collectively

Child Labor
Business/Industry: Youth minimum wage same as adult

Farmworkers: Separate, lower minimum wage for youth

Child Labor Restriction
Business/Industry: Restrictions of children’s hours, ages & hazardous work

Farmworkers: Fewer restrictions on children’s labor in all areas

Overtime Pay
Business/Industry: Overtime pay

Farmworkers: No overtime pay

Unemployment Insurance
Business/Industry: $300 payroll threshold for employers

Farmworkers: $20,000 payroll threshold for employers

Disability Insurance
Business/Industry: Disability insurance required

Farmworkers: Disability insurance not required

Day of Rest
Business/Industry: Mandatory day of rest

Farmworkers: No day of rest

Health and Safety
Business/Industry: Work sites must be arranged and operated safely

Farmworkers: Generally not covered by state occupational health and safety laws

Safety Training
Business/Industry: Annual worker safety education required

Farmworkers: Safety education not required, except for pesticides

Heat Stress
Business/Industry: Shortened work periods, areas for cooling down

Farmworkers: No requirements when exposed to extreme heat

Pesticides
Business/Industry: Routine monitoring of worker’s exposure

Farmworkers: No monitoring

Living
Residential: Building and lodging codes

Farm Camps: New York Health codes permit latrines. Inspections are only conducted at camps with 5 or more workers

Last Updated: 07/10/2008
© Labor-Religion Coalition of New York State