Farmworker Rights
Do you know your rights as a farmworker?
Hired farmworkers are a vital part of agricultural work in the United States, making up a third of the total agricultural work force, according to a 2008 USDA Economic Research Report. Although laws have been enacted to protect the rights of farworkers, not all employers comply with them. If you believe that your rights have been violated as a farmworker, please call toll-free (866) 981-4800, or fill out the form on the right for a confidential consultation with a labor and employment attorney.
Farmworkers and the Minimum Wage
The Fair Labor Standards Act is a federal law which, among other things, sets the federal minimum wage. Starting in 1966, the FLSA's minimum wage requirements (at least $7.25 per hour, as of July 24, 2009) apply to most farmworkers.
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by setting requirements for farm labor contractors, agricultural employers, and agricultural associations. Under the MSPA, these employers must:
- post information about worker protections at the place of work.
- provide information about the terms of conditions of employment, either at the time of recruitment or when the offer of employment is made. These terms and conditions must be given in a language the workers understand, and provided in writing if the employee requests.
- pay the workers the wages owed when they are due. Employers must also provide the workers with an itemized statement at this time.
- Meet federal and state safety standards for any housing or transportation they provide to workers.
- Maintain payroll records for each workers for at least 3 years.
What can I do if I believe my rights have been violated?
If you believe that your employer is denying you the minimum wage and/or violating any of the requirements of the MSPA, or if you would like to learn more about farmworker rights, please call (866) 981-4800 or fill out the form on the right for a free consultation with a labor and employment attorney.
Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.
Why Girard Gibbs LLP?
Girard Gibbs is a San Franciso-based law firm specializing in employment and labor law, securities litigation, consumer class actions and complex business litigation. Our California labor and employment attorneys are knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007 and 2008 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.


If you would like to contact one of our California employment lawyers by mail at our California or New York offices, please write to:
Girard Gibbs LLP - San Francisco Office
c/o California Labor Attorneys
601 California Street, Suite 1400
San Francisco, California 94108
Girard Gibbs LLP - New York Office
c/o New York Labor Attorneys
711 Third Avenue, 20th Floor
New York, New York 10017
QUESTIONS ABOUT YOUR FARM WORKER RIGHTS?
Please fill out the form below, or call toll-free (866) 981-4800 for a confidential consultation with a California Labor Law Attorney.
FOR MORE INFORMATION ABOUT THE EMPLOYMENT & LABOR LAW PRACTICE AT GIRARD GIBBS:
- Employment & Labor Law Overview
- The Fair Labor Standards Act
- California Labor Law
- Overtime Pay Overview
- Overtime and the FLSA
- California Overtime Pay
- Exempt v. Non-Exempt
- Minimum Wage Overview
- Federal Minimum Wage
- California Minimum Wage
- Independent Contractors
- The Federal Warn Act
- The California Warn Act
- The Illinois Warn Act
- The New Jersey Warn Act
- The New York Warn Act
- Wage and Hour
- Off the Clock Work
- Donning and Doffing
- Tipped Employees
- Farmworker Rights
- Breaks and Meal Periods
- Prompt Payment at Termination
- Itemized Pay Stubs
- Employment Discrimination
- California Vacation Law

