1. Basics of Farm Employment
Written by
Annette Dunlap, MBA
Extension Associate
Ag & Resource Economics
NC State University

2. The Value-Added & Alternative Agriculture Start-up Toolkit
Program Outline
Federal vs. State Regulations
Non-Discrimination in Hiring
New Hire Reporting
Minimum Wage and Overtime
Poster Requirements
Field Sanitation
Housing Standards
Resources
The Value-Added & Alternative Agriculture Start-up Toolkit

3. Federal Regulations Governing Employment
Distinction between contractor and employee
Eligibility for employment under immigration laws
Social Security, Medicare and Federal Income Tax withholding
Applicable OSHA regulations
The Value-Added & Alternative Agriculture Start-up Toolkit

4. State Regulations Governing Employment
Child labor laws
Eligibility for coverage under NC unemployment insurance
State income tax withholding
Coverage under NC workers’ compensation
Applicable state laws for handling harmful substances
Applicable laws regarding use of migrant farm workers
The Value-Added & Alternative Agriculture Start-up Toolkit

5. Non-Discrimination in Hiring
Federal law prohibits discrimination in hiring based on:
race
color
gender
age (over 40 is a protected class)
disability
national origin
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6. The Value-Added & Alternative Agriculture Start-up Toolkit
You may...
Establish job requirements for eligibility for hire, such as:
ability to lift a certain weight
availability to work non-typical work hours
ability to speak a language other than English
The Value-Added & Alternative Agriculture Start-up Toolkit

7. The Value-Added & Alternative Agriculture Start-up Toolkit
New Hire Reporting
New hires must complete:
W-4 for federal withholding
NC-4 for state withholding
I-9 for eligibility to work in the U.S.
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8. Overtime Pay Requirements
Workers must earn $5.15 per hour (or the equivalent in piece rate pay)
Job-related travel time must be compensated
Agriculture workers are exempt from federal overtime pay laws if:
they are not employed in the Christmas tree industry
they do not engage in retail sales work (such as a farm stand)
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9. The Value-Added & Alternative Agriculture Start-up Toolkit
Posters
Federal and state laws may require producers to post appropriate posters outlining employee rights in conspicuous places
To find out if you must display posters, contact:
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10. The Value-Added & Alternative Agriculture Start-up Toolkit
Field Sanitation
Required of producers who employ 11 or more workers on any given day, OR
who provide housing for one or more workers
One field toilet for every 20 workers, or portion thereof
Hand-washing facilities
Suitable cool, potable drinking water with individual cups
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11. The Value-Added & Alternative Agriculture Start-up Toolkit
Housing Standards
Housing must be registered with the North Carolina Department of Labor and inspected 45 days before the migrant farm workers arrive
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12. The Value-Added & Alternative Agriculture Start-up Toolkit
Next Step Resources
A more detailed explanation of hiring requirements in North Carolina may be found at:
Information regarding discrimination in employment is found at:
Information on Social Security withholding is available at:
The Value-Added & Alternative Agriculture Start-up Toolkit

13. The Value-Added & Alternative Agriculture Start-up Toolkit
More Resources
Federal tax information, including the distinction between a contractor and an employee, can be found at:
State tax information can be found at:
State labor laws are available at:
Federal labor laws can be found at:
The Value-Added & Alternative Agriculture Start-up Toolkit