Labor
Agricultural Employment
Applicable laws
- K.S.A. 44-505 Application of act. Subsection (a)(1) discusses the agricultural exemption.
Helpful publications on agricultural employment
- A Checklist for Agricultural Employers in Kansas (MF2697) , by Sarah L. Fogleman, Agricultural Economist with Kansas State University Agricultural Experiment Station and Cooperative Extension Service (Oct 2006).
- Fact Sheet #12: Agricultural Employers Under the Fair Labor Standards Act (FLSA) (pdf) , by the U.S. Department of Labor Wage and Hour Division.
- Worker’s Compensation and the Exemption for Agricultural Labor , by Roger A. McEwoen for Iowa State University Center for Agricultural Law and Taxation (July 2015).
Helpful websites on agricultural employment
- Agricultural Employment on the U.S. Department of Labor’s Wage and Hour Division website.
- Labor Law, on the AgManager website for Kansas State University Agricultural Economics.
Fair Labor Standards Act
Helpful publications on general labor issues
- Digital Reference Guide to the Fair Labor Standards Act (pdf) , by the U.S. Department of Labor Wage and Hour Division.
- Fact Sheet # 17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA) (pdf) , by the U.S. Department of Labor Wage and Hour Division.
- Fact Sheet #21: Recordkeeping Requirements Under the Fair Labor Standards Act (FLSA) (pdf) , by the U.S. Department of Labor Wage and Hour Division.
- Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA) (pdf) , by the U.S. Department of Labor Wage and Hour Division.
- Fact Sheet #23: Overtime Pay Requirements of the FLSA (pdf) , by the U.S. Department of Labor Wage and Hour Division.
- Handy Reference Guide to the Fair Labor Standards Act (pdf) , by the U.S. Department of Labor Wage and Hour Division (Oct. 2016).
Immigration
Applicable Laws
- 20 C.F.R. § 655 – Temporary Employment of Foreign Workers in the United States.
Helpful publications on immigration
- Ag Employment – Verifying The Legal Status of Employees , by Roger A. McEowen, on the Agricultural Law and Taxation Blog.
- Employee Rights Under the H-2A Program (pdf) , by the U.S. Department of Labor Wage and Hour Division (Apr. 2012). This poster must be posted by H-2A employers.
- Employer Guide to Participation in the H-2A Temporary Agricultural Program (pdf) , by the U.S. Department of Labor (Jan. 2012).
- Fact Sheet #26: Section H-2A of the Immigration and Nationality Act (INA) , by the U.S. Department of Labor (Feb. 2010). This fact sheet provides general information concerning the application of the H-2A requirements to the agricultural industry for H-2A applications submitted on or after March 15, 2010.
- Immigration Issues Facing Kansas Agriculture Employers (PDF), by Wendee D. Grady, Director of the Kansas Farm Bureau Legal Foundation
- Workplace Immigration Enforcement Should Not Trump Employers’ Rights , by Eileen Bretz
- For an extensive collection of resources on farm labor issues, you may want to visit the National Agricultural Law Center’s website.
Other helpful websites on immigration
- H2A Employer Data Hub, is a website from U.S. Citizenship and Immigration Services that includes searchable data on employers who submitted petitions to employ H-2A nonimmigrant workers from 2015 to present.
- H-2A: Temporary Agricultural Employment of Foreign Workers, is a website developed by the U.S. Department of Labor Wage and Hour Division, and has several helpful resources.
- H-2A: USDA has created a new online checklist on its Farmers.gov website to help farmers with the H-2A Visa (temporary agricultural workers program) process. That resource can be accessed here.
Youth Labor
Helpful publications on youth labor
- Child Labor Bulletin 102 – Child Labor Requirements in Agricultural Occupations Under the Fair Labor Standards Act (pdf) , by the U.S. Department of Labor Wage and Hour Division (Nov. 2016).
- Child Labor Law Kansas FFA SAE Fact Sheet , by the Kansas Department of Agriculture (April 2017).
- Fact Sheet #12: Agricultural Employers Under the Fair Labor Standards Act (FLSA) , from the Wage and Hour Division within the United States Department of Labor.
- Fact Sheet #40: Overview of Youth Employment (Child Labor) Provisions of the Fair Labor Standards Act (FLSA) for Agricultural Occupations , from the Wage and Hour Division within the United States Department of Labor
Helpful websites on youth labor
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Hours Restrictions
, from elaws® – Fair Labor Standards Act Advisor, by the United States Department of Labor.
- Prohibited Occupations for Agricultural Employees , from elaws® – Fair Labor Standards Act Advisor, by the United States Department of Labor.
- Youth in Agriculture , from the Occupational Safety & Health Administration within the United States Department of Labor.