Are employees on small farms exempt from minimum wage?
A. Both federal and state laws provide minimum wage exemptions for “small” farms, however, the criteria is different for each. Employers in small farming operations must take care to be sure that they are exempt under each law before deciding not to pay minimum wage. Federal criteria: If the employer did not employ more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year, the minimum wage exemption applies for all agricultural employees for the entire following year. A man-day is any day during which an employee performs agricultural labor for at least one hour. State criteria: If the employer did not employ more than 500 piece rate work days in any calendar quarter of the preceding calendar year, the employer’s hand harvesters and prunes who are paid on a piece rate basis are exempt from minimum wage for the entire following year.
