The Wage and Hour Division: A Fair Wage for Everyone

Federal Law requires employers to provide all employees a reasonable wage for the hours they work. This law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and is protected under the Fair Labor Standards Act (FLSA). The Wage and Hour Division enforces Federal minimum wage, overtime pay, record keeping, and child labor requirements. As agricultural workers, your wages are protected under The Migrant and Seasonal Agricultural Worker Protection Act (MSPA), enforced by the Wage and Hour Division. The MSPA sets employer standards for employee wages and transportation. For migrant farm workers, the MSPA also sets housing standards. The MSPA requires that employers of migrant agricultural workers notify prospective employees of the potential wages and working conditions before they are hired. Additionally, the MSPA requires that the housing provided to farm workers meet minimum standards for health and safety, and that transportation providers have vehicles that meet certain safety standards. Under Federal law, farm workers have the following rights, which are protected by the MSPA:

Wages:

n Employers must pay their employees for the hours they worked.

n In the state of California, employees must be paid a minimum of $8.00 per hour.

n Farm workers must be provided a written statement of earnings, which includes any deductions from pay.

n Farm workers must be provided written information about their wages and working conditions in a language they can understand.

It is very important that employees keep track of all the hours they have worked.

When getting a paycheck, make sure you have been paid for all the time you worked, and that all the hours you worked have been recorded on your check.

Transportation:

n Agricultural employers must ensure that the vehicles used to transport workers are properly insured, are operated by licensed drivers, and meet federal and state safety standards, including seatbelts.

n Sometimes, crew leaders will charge a fee for transportation. If there is a fee, the amount charged must be explained to workers.Administration) standards.

n Farm workers must be provided a safe workplace.

n If housing is provided, farmworkers must be provided with safe housing, which has been inspected and certified. A certificate of occupancy must be posted at the housing site. For more information regarding MSPA, FLSA, minimum wage and overtime pay, visit the Wage and HourDivision web site: www.wagehour.dol.gov and/or call the Wage and Hour Division toll-free help line, available 8a.m. to 5p.m. in your time zone, at 1-866-4US-WAGE (1-866-487-9243) Spanish and English options are available. You can also call this number to file a complaint. If you feel your employer is not following the rules above, regardless of your legal status, you may file an anonymous complaint.

n If the vehicle is unsafe, uninsured,or the driver is unlicensed, you should not pay a transportation fee, and you should report the violations to the Wage and Hour Division.Safety and Health:

n Farm workers must be provided free, safe drinking water, toilets, and hand washing facilities at the job site, which meet OSHA (Officeof Safety and HealthAdministration) standards.

n Farm workers must be provided asafe work place.

n If housing is provided, farmworkers must be provided with safe housing, which has been inspected and certified. A certificate of occupancy must be posted at the housing site. For more information regarding MSPA, FLSA, minimum wage and overtime pay, visit the Wage and Hour Division web site: www.wagehour.dol.gov and/or call the Wage and Hour Division toll-free help line, available 8a.m. to 5p.m. in your time zone, at1-866-4US-WAGE (1-866-487-9243) Spanish and English options are available. You can also call this number to file a complaint. If you feel your employer is not following the rules above, regardless of your legal status, you may file an anonymous complaint.