Agricultural Compliance FAQs
What is the minimum wage in New Jersey for employees laboring on a farm?
Are individuals laboring on a farm entitled to overtime?
Are individuals working in landscaping exempt from overtime?
What are the record keeping requirements for employers?
How often must an employee be paid?
Can an employer hire a temporary help agency to supply workers to a farm?
What do I do if my employer did not pay me all the money I am owed?
What kind of breaks do I get? Are breaks and lunch required by law?
At what age can a minor work on a farm and does he/she need an agricultural permit?
Do I need a new permit every time I change a job?
Where does a minor obtain an agricultural permit?
What are the hours of work permitted for minors involved in agricultural pursuits?
What type of work may be performed by minors?
Q. What is the minimum wage in New Jersey for employees laboring on a farm?
A. Farm workers 18 years of age and over must be paid the State minimum wage, even if they work at piece rates. The current minimum wage rate in New Jersey is $8.38 per hour. Effective January 1, 2017 the minimum wage rate will increase to $8.44 per hour.
Q.Are individuals laboring on a farm entitled to overtime?
A. Employees laboring on a farm are exempt from overtime.
Q. Are individuals working in landscaping exempt from overtime?
A. No. The exemption to overtime applies only to work performed on the farm, landscaping employees are not exempt.
Q. What are the record keeping requirements for employers?
A. Employers must keep records of daily and weekly hours worked and wages paid to employees. If a crew leader is involved in the payment of wages he/she must keep records for all workers to whom wages were paid. These records must include the place of work, name and addresses of all workers, gross wages, deductions, the number of hours worked, the hourly wage rate, and if on a piece rate, the number of units of work as well as the rate per unit of work.
Q. How often must an employee be paid?
A. Employees laboring on a farm on a daily basis must be paid daily on the premises where the work is being performed.
Q. Can an employer hire a temporary help agency to supply workers to a farm?
A. An employer may only employ a Crew Leader who possesses a current and valid certificate of registration issued by the New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance.
Q. What do I do if my employer did not pay me all the money I am owed?
A. You can file a Wage Complaint form for monies due. Click here to obtain a copy of this form or contact the Division of Wage and Hour Compliance at (609) 292-2305. Once completed the form should be returned to the address listed at the top of the form.
Q. What kind of breaks do I get? Are breaks and lunch required by law?
A. Mandatory break laws apply only to minors under the age of 18. Company policy dictates break and lunch periods for anyone over the age of 18. Minors under the age of 18 must be given a thirty (30) minute meal period after five (5) consecutive hours of work.
Q. At what age can a minor work on a farm and does he/she need an agricultural permit?
A. Minors may work a farm at 12 years of age and an agricultural permit is required for all minors under the age of 16.
Q. Do I need a new permit every time I change a job?
A. An agricultural permit is issued for a period not to exceed 6 months and the minor may take the permit from job to job. The employing farmer should keep the permit on file.
Q. Where does a minor obtain an agricultural permit?
A. An agricultural permit can be obtained from the issuing officer of the school district where the minor resides or is employed.
Q. What are the hours of work permitted for minors involved in agricultural pursuits?
A. Minors over the age of 12 may work 10 hours per day and 6 days per week during the hours they are not required to be in school. Minors over the age of 16 may work 10 hours per day and 6 days per week during the hours school is in session.
Q. What type of work may be performed by minors?
A. Minors may perform work that is not dangerous.
Under the age of 16 they may use standard domestic type machines, office machines, standard types of poultry feeders, egg graders, egg washers, egg coolers and milking machines.
Over the age of 16 they may also drive tractors and operate all machinery except power-driven woodworking machinery, grinding, abrasive, polishing or buffing machines, guillotine action cutting machines, operation or repair of elevators or other hoisting apparatus, corn pickers, power-driven hay balers or power field choppers, compactors, circular saws, band saws and guillotine shears.
For additional information concerning the work minors may or may not perform while working in agricultural pursuits please contact:
Division of Wage and Hour Compliance
Agricultural Compliance Section
P.O. Box 389
Trenton, New Jersey 08625-0389