
Farmworkers and Overtime: Who's Exempt, Who's Not, and the State Rules Growers Miss
Federal law exempts farmworkers from overtime, but eight states now require time-and-a-half — and piece-rate math plus youth rules still apply.
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Track employee hours for payroll and compliance

Federal law exempts farmworkers from overtime, but eight states now require time-and-a-half — and piece-rate math plus youth rules still apply.

Amusement parks, camps, and ski resorts can skip federal overtime by passing the 7-month or 33-1/3 percent receipts test — if state law agrees.

California pays 1.5x past 8 hours and double time past 12; Alaska adds daily overtime and Nevada ties it to wages, so the federal 40-hour rule is not enough.

Pittsburgh's 2026 sick-leave expansion requires 1 hour per 30 hours worked, capped at 72 hours for larger employers — nearly double the old limits.

Under DOL Fact Sheet 22, the ordinary commute is unpaid, but job-site, overnight and most training time are hours worked — and count toward US FLSA overtime.

Under the FLSA, day-rate and piece-rate workers still earn overtime: divide weekly pay by hours worked, then add a half-time premium for each hour over 40.

California, New York, and Illinois each mandate a weekly day of rest — measured three different ways, with per-employee penalties for every week you miss.

No federal law requires show-up pay, but eight US states plus DC do — California owes half the shift (2–4 hours) when you send scheduled staff home early.

Under 29 CFR 778.114, a fixed salary can compensate all hours worked, so overtime costs only a half-time premium — $80 instead of $300 on a 50-hour week at an $800 salary. This guide covers the math, the five conditions, the 2020 rule on bonuses, and the state-law bans in Alaska, California, New Mexico, and Pennsylvania.

Under the FLSA, an employee who works two hourly rates in one workweek earns overtime on the weighted average of those rates, not either rate alone — and because straight time is already paid, only the half-time premium is still owed. A worked example (45 hours at $20 and $30 gives a $23.33 regular rate and $58.33 in premium pay), the five errors that trigger back-wage claims, and the records that prove your math.

Under the FLSA's suffered-or-permitted standard (29 CFR 785.11), a nonexempt employee's four-minute reply to a 9 p.m. text is compensable work if you knew or had reason to know it happened, and the de minimis rule in 29 CFR 785.47 rarely covers timestamped, recurring message time. This guide covers exempt-vs-nonexempt classification at the $684-per-week salary floor, the four timekeeping setups that manufacture violations, the two-to-three-year lookback with doubled liquidated damages, and a five-habit compliance playbook for small employers.

Federal law lets employers exclude up to eight hours of sleep time from a shift of 24 hours or more — never from a shorter one — and only with adequate sleeping quarters, usually uninterrupted sleep, and an agreement. Every interruption is paid, and fewer than five consecutive hours of sleep makes the entire window compensable.