Appendix B. State Minimum Wage Standards with Exemptions for Agriculture and Citations

Appendix B. State Minimum Wage Standards with Exemptions for Agriculture and Citations STATE LAW? (Y/N) EXEMPTION FOR AGRICULTURE? (Y/N/NA/NE) EXEMPTION DETAILS FEDERAL Y Y Exempts from coverage farmworkers on small farms (i.e., those that used less than 500 man-days of farm labor in any calendar quarter of the preceding calendar year) DOLLAR MINIMUM CITATIONS FOR NON-TIPPED EMPLOYEES AS OF 9/1/14 $7.25 Fair Labor Standards Act ALABAMA N N/A N/A N/A N/A ALASKA Y Y Does not apply to "an individual employed in $7.75 agriculture ARIZONA Y NE " The Arizona Minimum Wage Act does not apply to any person employed in a small business grossing less that $500,000 in annual revenue, if that small business is not covered by the Federal Fair Labor Standards Act." $7.90 23-362; 23-363; Arizona Minimum Wage Act ARKANSAS Y Y The Minimum Wage Act of the State of Arkansas does NOT apply to: "any individual employed by an agricultural employer under certain conditions $6.25 AR ADC 010 10 001; ACA 11-4- 210 CALIFORNIA Y N N/A $9.00 Cal Labor Code 1182.12; COLORADO Y NE Colorado Minimum Wage Order 30 only applies to retail& service, commercial support service; food and beverage; health and $8.00 7 CCR 1103-1:1; 7 CCR 1103-1:2; 7 CCR T. 1100 medical - Food and beverage does not apply to agriculture; the minimum wage only applies to these groups and those covered by the FLSA CONNECTICUT Y N N/A $8.70 CGSA 31-58 DELAWARE Y Y Employee does not include Any individual employed in agriculture $7.75 19 Del.C.901; 19 Del.C. 902 157

D.C. Y N N/A $9.50 DC ST 32-1002; DC ST 32-1003; DC ST 32-1004 FLORIDA Y NE "Only those individuals entitled to receive the federal minimum wage under the federal Fair Labor Standards Act and its implementing regulations shall be eligible to receive the state minimum wage " $7.93 FSA 448.110; GEORGIA Y Y "This chapter shall not apply with respect to Any employer who is a farm owner, sharecropper, or land renter" HAWAII Y Y "employee" shall not include any individual employed: In agriculture for any workweek in which the employer of the individual employs less than twenty employees or in agriculture for any workweek in which the individual is engaged in coffee harvesting." IDAHO Y Y Does not apply to any individual employed in agriculture under certain conditions ILLINOIS Y Y Does not apply to any individual employed in agriculture under certain conditions INDIANA Y Y employee" does not include "persons engaged in agricultural labor; "employer does not include those with 1 employee and is not applicable to those already covered by the FLSA $5.15 GA Code Ann 34-4-3 $7.25 HRS 378-2; HRS 387-1; $7.25 IC 44-1502; 44-1503; 44-1504 $8.25 820 ILCS 105/3; 820 ILCS 105/4 $7.25 IC 22-2-2-3; IC 22-2-2-4 IOWA Y Y uses same exemptions as FLSA $7.25 ICA 91D.1; IAC 875-215.4 (91D) KANSAS Y Y doesn't cover employees under FLSA; "employee" does not include "any individual $7.25 KSA-44-1202; ksa 44-1203; employed in agriculture" KENTUCKY Y Y "employee" does not include "any individual employed in agriculture" $7.25 KRS 337.010; KRS 337.275 LOUISIANA N N/A N/A N/A N/A 158

MAINE Y Y employees that are exempt from the minimum wage subchapter includes: "Any individual employed in agriculture as defined in Maine Employment Security Law...except when that individual performs services for or on a farm with over 300,000 laying birds..." $7.50 26 MRSA 663, 26 MRSA 664 MARYLAND Y N N/A $7.25 MD Code 3-413 MASSACHUSET TS Y Y new law changes the lowest acceptable wage to $8.00 as of 1/1/15 (which is $1 less than the general minimum wage as of 1/1/15); "Occupation shall not include agricultural and farm work." $8.00 (MGLA 151 1; MGLA 151 2; MGLA 151 2a) MICHIGAN Y Y the act does not apply to agricultural employees $8.15 MCLA 408.414; MCLA 408.420 MINNESOTA Y Y definition of employee does not include: "(1) two or fewer specified individuals employed $8.00 for large employers with annual gross volume MSA 177.24; MSA 177.23 at any given time in agriculture on a farming unit or operation who are paid a salary; (2) any individual employed in agriculture on a farming unit who is paid a salary greater than the individual would be paid if the individual worked 48 hours at the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week of sales over $500 K; $6.50 for small employers under $500K annually MISSISSIPPI N N/A N/A N/A N/A MISSOURI Y Y section on minimum wage "shall not apply to any employee or employer engaged in agriculture" under certain conditions $7.50 VAMS 290.500; VAMS 290.502; Missouri Minimum Wage Poster; VAMS 290.507 MONTANA Y N note: there are exceptions for agriculture in terms of how the wages are paid, but not allowing to go below the minimum wage itself $4 per hour or businesses with annual gross sales under $100K, $7.90 for all others MCA 39-3-409; MCA 39-3-404 159

NEBRASKA Y Y employee does not include: "any individual employed in agriculture NEVADA Y Y The provisions of NRS 608.250 do not apply to: "employees engaged in an agricultural pursuit for an employer who did not use more than 500 days of agricultural labor in any calendar quarter of the preceding calendar year." NEW Y Y min wage law does not apply to "employees HAMPSHIRE engaged in farm labor." $7.25 Neb Rev St 48-1202; Neb Rev, St 48-1203 $8.25 when no health ins NRS 608.250 provided; $7.25 when health insurance provided $7.25 NH Rev Stat 279: 21 NEW JERSEY Y N N/A $8.25 NJSA 34:11-56a4; New Jersey Constitution NEW MEXICO Y Y definition of employee does not include "any employee employed in agriculture" under certain conditions $7.50 NMSA 1978 50-4- 21; NMSA 1978 50-4-22 NEW YORK Y N N/A $8.00 Labor Law 652; Labor Law 670; Labor Law 671; Labor Law 673; 12 NYCRR 142-2.1; 12 NYCRR 190-1.1; 12NYCRR 190-1.2; 12 NYCRR 190-1.3; 12 NYCRR 190-2.1; 12 NYCRR 190-2.2 NORTH CAROLINA NORTH DAKOTA Y Y excludes "Any person employed in agriculture, as defined under the Fair Labor Standards Act" $7.25 NCGSA 95-25.14; NCGSA 95-25.3; 13 NCAC 12.0501 Y N $7.25 NDCC 34-06-05; NDCC 34-06-22; NDAC 46-02-07-02 160

OHIO Y N uses definitions in FLSA of employee and employer - employee excludes agricultural employees who are immediate family members of employer OKLAHOMA Y Y "employee" does not include "any individual employed on a farm " OREGON Y Y section on minimum wage does not apply to "an individual employed in agriculture if " under certain conditions "Nothing contained in [the section on minimum wage] shall be construed to confer authority upon the commissioner to regulate the hours of employment of employees engaged in production, harvesting, packing, curing, canning, freezing or drying any variety of agricultural crops, livestock, poultry or fish." PENNSYLVANI A Y N "Employment in the following classifications shall be exempt from both the minimum wage and overtime provisions of this act: (1) Labor on a farm "BUT 43 PS 1301.201 states that every employer must pay seasonal farm labor the minimum wage or higher, despite anything to the contrary 7.25 for businesses grossing $250K annually; for all other businesses, $7.95) $7.25 for businesses grossing over $100K annually; $2 for businesses grossing less than $100K annually OH Const Art II 34a; FLSA 40 Okl.St.Ann 197.4; 40 Okl.St.Ann. 197.5 $9.10 ORS 653.020; ORS 653.025; ORS 653.261) $7.25 34 PA Code 231.101; 42 PS 333.104; (43 PS 333.105); 43 PS 1301.201 RHODE ISLAND Y N N/A $8.00 Gen Laws 1956 28-12-3 SOUTH N N/A N/A N/A N/A CAROLINA SOUTH Y N N/A $7.25 SDCL 60-11-3 DAKOTA TENNESSEE N N/A N/A N/A N/A 161

TEXAS Y Y Chapter on minimum wage does not apply to certain agricultural employers UTAH Y Y Minimum wage does not apply to "any employee employed in agriculture" under certain conditions VERMONT Y Y employee does not include: "any individual employed in agriculture" VIRGINIA Y Y Employee does not include "Any person employed as a farm laborer or farm employee" WASHINGTON Y Y employee does not include "Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis " and other specific conditions WEST VIRGINIA Y Y employees in the minimum wage article do not include "(11) any individual employed in agriculture" $7.25 VTCA Labor Code 62.002; VTCA Labor Code 62.051; VCTA Labor Code 62.151; VCTA Labor Code 62.160 $7.25 UAC R610-1; UCA 1953 34-40- 104 $9.15 21 VSA 384; 21 VSA 383; $7.25 VA Code Ann 40.1-28.10; VA Code Ann 40.1-28.9 $9.32 WA ST 49.46.010; WA ST 49.46.020 $7.25 WV ST 21-5C-2; WV DT 21-5C-1; WV ADC 42-8-8 WISCONSIN Y N N/A $7.25 WI ADC DWD 272.03; WI ADC DWD 272.05 WYOMING Y Y employee does not include: "any individual employed in agriculture $5.15 WY ST 27-4-201; WY ST 27-4-202 162

Appendix C. State Overtime Standards with Exemptions for Agriculture and Citations STATE LAW? (Y/N) EXEMPTION FOR AGRICULTUR E? (Y/N/NA/NE) OVERTIME LAW DETAILS EXEMPTION DETAILS CITATIONS FEDERAL Y Y time and a half for over 40 hours per week Farmworkers are exempt Fair Labor Standards Act ALABAMA N N/A N/A N/A N/A ALASKA Y Y Over 40 hours in one workweek or over 8 hours in one workday gets time "This section does not apply with respect to an employee engaged in agriculture" AS 23.10.055; AS 23.10.060; 8 AAC 15.100 and a half ARIZONA N N/A N/A N/A N/A ARKANSAS Y Y time and a half for over 40 hours per week CALIFORNIA Y Y over 8 hours in one work day and over 40 hours in one workweek gets time and a half. Any work in excess of 12 hours in one day or 8 hours on the 7th day of work gets double time. COLORADO Y NE over 40 hours in one workweek, over 12 hours in one workday, or over 12 consecutive hours of work The provisions regarding the payment of wages at one and one-half times the regular rate of pay for overtime services shall not be applicable with respect to agricultural employees over 10 hours of work in one workday or more than 6 days of work in a workweek gets time and a half. Over 8 hours on the 7th workday. Colorado Minimum Wage Order 30 only applies to retail& service, commercial support service; food and beverage; health and medical - Food and beverage does not apply to agriculture; overtime only applies to these groups Provisions do not apply to any person employed in agriculture " CONNECTICUT Y Y workweek over 40 hours DELAWARE N N/A N/A N/A N/A AR ADC 010 10 001; ACA 11-4- 211 Cal Labor Code 510, 11140) 7 CCR 1103-1:4; 7 CCR T. 1100 CGSA 31-76i; CGSA 31-76c 163

D.C. Y N workweek over 40 hours N/A DC ST 32-1002; DC ST 32-1003; DC ST 32-1004 FLORIDA N N/A N/A N/A N/A GEORGIA N N/A N/A N/A N/A HAWAII Y Y workweek over 40 hours agricultural employers "shall not be required to pay overtime compensation for hours in excess of forty in a workweek to any of the employer's employees during any of twenty different workweeks, as selected by the employer, in any year commencing July 1, for employment in any place where the employer is so engaged. The employer, however, shall pay overtime compensation for such employment in excess of forty-eight hours in any such exempt workweek..." HRS 387-3 IDAHO N N/A N/A N/A N/A ILLINOIS Y Y workweek over 40 hours the provisions of this section are not applicable to "Any employer of agricultural labor, with respect to agricultural employment." 820 ILCS 105/4a INDIANA Y Y workweek over 40 hours as used in this chapter, "employee" does not include "persons engaged in agricultural labor" IC 22-2-2-3; IC 22-2-2-4 IOWA N N/A N/A N/A N/A KANSAS Y Y workweek over 46 hours "employee" does not include "any individual employed in agriculture" KSA-44-1202; ksa 44-1204 KENTUCKY Y NE workweek over 40 hours doesn't apply to "any individual who is employed by a third-party employer or agency other than the family or household using his or her services to provide in-home companionship services for a sick, convalescing, or elderly person. (KRS 337.285) LOUISIANA N N/A N/A N/A N/A KRS 337.285; 803 KY Admin Regs 1: 060 164

MAINE Y Y workweek over 40 hours MARYLAND Y Y workweek over 40 hours MASSACHUSETT S Y Y workweek over 40 hours MICHIGAN Y Y workweek over 40 hours MINNESOTA Y Y workweek over 48 hours Definition of employee excludes "Any individual employed in agriculture as defined in Maine Employment Security Law...except when that individual performs services for or on a farm with over 300,000 laying birds..." "The wage for overtime may be computed on the basis of each hour over 60 hours that an employee works during 1 workweek for an employee who: (1) is engaged in agriculture; and (2) is exempt from the overtime provisions of the federal Act" "This section shall not be applicable to an employee who is employed as a laborer engaged in agriculture and farming on a farm." The section on overtime does not apply to "An employee employed in agriculture " (MCLA 408.414a) definition of employee does not include: "(1) two or fewer specified individuals employed at any given time in agriculture on a farming unit or operation who are paid a salary; (2) any individual employed in agriculture on a farming unit who is paid a salary greater than the individual would be paid if the individual worked 48 hours at the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week exempt if: "the employee is employed as a sugar beet hand laborer on a piece rate basis, provided that the regular rate of pay received per hour of work exceeds the applicable wage provided in section 177.24, subdivision 1 by at least 40 cents." MISSISSIPPI N N/A N/A N/A N/A 26 MRSA 663, 26 MRSA 664 MD Code, Labor and Employment 3-420; COMAR 09.12.41.14; COMAR 09.12.41.02 MGLA 151 1A; MGLA 151 2 MCLA 409.414a MSA 177.23; MSA 177.25 165

MISSOURI Y Y workweek over 40 hours section on overtime "shall not apply to any employee or employer engaged in agriculture under certain conditions "An overtime provision does not apply for farm workers." MONTANA Y Y workweek over 40 hours NEBRASKA N N/A N/A N/A N/A NEVADA Y Y over 8 hours in one work day and over 40 hours in one workweek gets time and a half, unless there is an agreed upon 10 hours a day/ 4 days a week schedule NEW Y Y workweek over 40 hours HAMPSHIRE NEW JERSEY Y Y workweek over 40 hours NEW MEXICO Y Y workweek over 40 hours Provisions not applicable to "agricultural employees" VAMS 290.500; VAMS 290.505; VAMS 290.507 MCA 39-3-405 NRS 608.018; NRS 608.250; Provisions do not apply to "employees engaged in farm labor." NH Rev Stat 279: 21 Provisions do not apply to employees NJSA 34:11-56a4; engaged to labor on a farm." NJAC 12:56-6/1; definition of employee does not include "any NMSA 1978 50-4- employee employed in agriculture" under 21; NMSA 1978 certain conditions 50-4-22 NEW YORK Y NE workweek over 40 hours refers to exemptions in the FLSA section 13, 12 NYCRR 142- which exempts agricultural employees under 2.2; see also FLSA certain conditions section 13 (213) NORTH Y Y workweek over 40 hours Provisions do not apply to "Any person NCGSA 95-25.14; CAROLINA employed in agriculture, as defined under the NCGSA 95-25.4; Fair Labor Standards Act" 13 NCAC 12.0501 NORTH DAKOTA Y Y workweek over 40 hours Excludes Any employee engaged in an NDAC 46-02-07-0 agricultural occupation." OHIO Y Y workweek over 40 hours "Any employee in agriculture shall not be RC 4111.03 covered by the overtime provision of this section." OKLAHOMA N N/A N/A N/A N/A 166

OREGON Y Y time and a half for over 40 hours a week ; or over 10 hours a day for nonfarm canneries, driers, or packing plants and in mills, factories or manufacturing establishments (excluding sawmills, planning mills, shingle mills, and logging camps). PENNSYLVANIA Y Y workweek over 40 hours RHODE ISLAND Y Y workweek over 40 hours The section on overtime in the regs "does not apply to individuals employed in agricultural employment." No employer shall be required to pay wages at a rate greater than that provided for in subsection (a) even if the number of hours worked by any seasonal farm workers in any one workweek exceeds 40 hours." The section on overtime does not apply to "Any employee employed in agriculture OAR 839-020- 0030; ORS 652.020; ORS 653.025; OAR 839-020-0047 43 PS 333.105; 43 PS 1301.201; 34 PA Code 231.41 (GEN LAWS 1956 (28-12-4.1; Gen Laws 1956 28-12- 4.3 SOUTH N N/A N/A N/A N/A CAROLINA SOUTH DAKOTA N N/A N/A N/A N/A TENNESSEE N N/A N/A N/A N/A TEXAS N N/A N/A N/A N/A UTAH N N/A N/A N/A N/A VERMONT Y Y workweek over 40 hours employee does not include: "any individual employed in agriculture 21 VSA 384; 21 VSA 383; VIRGINIA N N/A N/A N/A N/A WASHINGTON Y Y workweek over 40 hours Section does not apply to seasonal employees at agricultural fairs, or to "an individual.. Employed on a farm " under certain conditions; also excluded from definition of employee (WA ST 49.46.130 WEST VIRGINIA Y Y workweek over 40 hours Definition of employee excludes any individual employed in agriculture"; agriculture is also specifically exempted WV ST 21-5C-3; WV DT 21-5C-1; WV ADC 42-8-8 167

WISCONSIN Y Y workweek over 40 hours exempt from overtime: "Persons employed in agriculture including farming in all its branches " WYOMING N N/A N/A N/A N/A WI ADC DWD 274.03; WI ADC DWD 274.04 168

Appendix D. State Rest Period Standards with Exemptions for Agriculture and Citations STATE LAW? (Y/N) EXEMPTION FOR AGRICULTURE? (Y/N/NA/NE) REST PERIOD LAW DETAILS EXEMPTION DETAILS FEDERAL N N/A N/A N/A N/A ALABAMA N N/A N/A N/A N/A ALASKA N N/A N/A N/A N/A ARIZONA N N/A N/A N/A N/A ARKANSAS N N/A N/A N/A N/A CALIFORNIA Y N workers entitled to paid work period of 10 minutes for every 4 hours of work or major fraction thereof, unless total work day is under 3.5 hours. COLORADO Y NE employees are entitled to a paid 10 minute break for every 4 hours or major fraction thereof N/A Colorado Minimum Wage Order 30 only applies to retail& service, commercial support service; food and beverage; health and medical - Food and beverage does not apply to agriculture; overtime only applies to these groups CONNECTICUT N N/A N/A N/A N/A DELAWARE N N/A N/A N/A N/A D.C. N N/A N/A N/A N/A FLORIDA N N/A N/A N/A N/A GEORGIA N N/A N/A N/A N/A HAWAII N N/A N/A N/A N/A IDAHO N N/A N/A N/A N/A ILLINOIS N N/A N/A N/A INDIANA N N/A N/A N/A N/A IOWA N N/A N/A N/A N/A CITATIONS Cal Labor Code 551, 552, 11140 7 CCR 1103-18; 7 CCR T. 1100 169

KANSAS N N/A N/A N/A N/A KENTUCKY Y N employees are entitled to a paid 10 minute break for N/A KRS 337.365; 803 KY Admin Regs 1: 060 every 4 hours LOUISIANA N N/A N/A N/A N/A MAINE Y Y an employee is entitles to 30 consecutive minutes of rest time (which may be used as a mealtime) for 6 consecutive hours of work; no requirements for pay employees that are exempt from the minimum wage subchapter includes: "Any individual employed in agriculture as defined in Maine Employment Security Law...except when that individual performs services for or on a farm with over 300,000 laying birds..." 26 MRSA 601; 26 MRSA 663 MARYLAND N N/A N/A N/A N/A MASSACHUSETT N N/A N/A N/A N/A S MICHIGAN N N/A N/A N/A N/A MINNESOTA Y Y for every four consecutive hours definition of employee does not include: "(1) two or fewer specified individuals employed at MSA 177.23; MSA 177.253 worked, an employer must give each employee adequate rest time to use the nearest restroom any given time in agriculture on a farming unit or operation who are paid a salary; (2) any individual employed in agriculture on a farming unit who is paid a salary greater than the individual would be paid if the individual worked 48 hours at the state minimum wage plus 17 hours at 1-1/2 itimes the state minimum wage per week"( MSA 177.23) MISSISSIPPI N N/A N/A N/A N/A MISSOURI N N/A N/A N/A N/A MONTANA N N/A N/A N/A N/A NEBRASKA N N/A N/A N/A N/A NEVADA Y NE 10 minutes for each 4 hours or major fraction thereof does not apply to employers with one employee NRS 608.019 170

NEW N N/A N/A N/A N/A HAMPSHIRE NEW JERSEY N N/A N/A N/A N/A NEW MEXICO N N/A N/A N/A N/A NEW YORK N N/A N/A N/A N/A NORTH N N/A N/A N/A N/A CAROLINA NORTH DAKOTA N N/A N/A N/A N/A OHIO N N/A N/A N/A N/A OKLAHOMA N N/A N/A N/A N/A OREGON Y N employees are entitled to a paid 10 minute break for every 4 hours N/A OR ADC 839-020-0050; OR ST 653.261; ORS 653.020 PENNSYLVANIA Y for women ; N for men N for women; Y for men law for females only: cannot work more than five hours without a meal or rest period of at least thirty minutes "No seasonal farm worker shall be required to work for more than five hours continuously on any premises without a meal or rest period of at least 30 minutes" 43 PS 1301.207; PA ST 43 PS 107 RHODE ISLAND N N/A N/A N/A N/A SOUTH N N/A N/A N/A N/A CAROLINA SOUTH DAKOTA N N/A N/A N/A N/A TENNESSEE Y N employees are entitled to a 30 N/A TN ST 50-2- 103 minute meal period for six consecutive hours of and NOTE: they specify that "meal break" can meal a rest or meal break TEXAS N N/A N/A N/A N/A UTAH N N/A N/A N/A N/A 171

VERMONT Y N "An employer shall N/A 21 V.S.A. 304 provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee." VIRGINIA N N/A N/A N/A N/A WASHINGTON Y N employees are entitled to a paid 10 minute break for every 4 hours meal and rest period rules do not apply to "Agricultural labor defined in RCW 50.04.150" BUT contradicted by WAC 296-131-020 which re-establishes rest and meal periods for agricultural workers WEST VIRGINIA N N/A N/A N/A N/A WISCONSIN N N/A N/A N/A N/A WYOMING N N/A N/A N/A N/A WA ADC 296-126-001; WA ADC 296-126- 092, WA ADC 296-131-020 172

Appendix E. State Meal Period Standards with Exemptions for Agriculture and Citations STATE LAW? (Y/N) EXEMPTION FOR AGRICULTURE? (Y/N/NA/NE) MEAL PERIOD LAW DETAILS EXEMPTION DETAILS FEDERAL N N/A N/A N/A N/A ALABAMA N N/A N/A N/A N/A ALASKA N N/A N/A N/A N/A ARIZONA N N/A N/A N/A N/A ARKANSAS N N/A N/A N/A N/A CALIFORNIA Y N an employee is entitled to a 30 minute meal period for work of more than 5 hours, unless the whole work day is 6 hours. An employee is also entitled to a second meal period when work is in excess of 10 hours, unless the total work period is no more than 12 hours. the first meal period may be waived by mutual consent. the second meal period can be waived with mutual consent if the first one was not waived. N/A CITATIONS Cal Labor Code 512, 11140 COLORADO Y NE employees are entitled to a 30 minute duty-free meal period for every 5 hours consecutive hours worked. Colorado Minimum Wage Order 30 only applies to retail& service, commercial support service; food and beverage; health and medical - Food and beverage does not apply to agriculture 7 CCR 1103-1:7; 7 CCR T. 1100 173

CONNECTICUT Y NE employees entitled to a 30 minute meal period for every 7 and a half or more hours of consecutive work DELAWARE Y NE Employees entitled to 30 consecutive minutes for every 7.5 or more hours of work "The Labor Commissioner shall exempt any employer from the requirements of this section if he finds that (3) the employer employs less than five employees on a shift at a single place of business provided the exemption CGSA 31-51iii shall only apply to the employees on such shift..." exception for "An employer has fewer than 5 employees on a shift at a single place of business (in which case the exemption applies only to that shift) " CGSA 31-51ii 19 Del.C.707 D.C. N N/A N/A N/A N/A FLORIDA N N/A N/A N/A N/A GEORGIA N N/A N/A N/A N/A HAWAII N N/A N/A N/A N/A IDAHO N N/A N/A N/A N/A ILLINOIS Y N employees are entitled to a 20 N/A 820 ILCS 140/3 minute meal period for every 7.5 or more hours of work, which must occur no later than 5 hours after the start of the work period INDIANA N N/A N/A N/A N/A IOWA N N/A N/A N/A N/A KANSAS N N/A N/A N/A N/A KENTUCKY Y N employers must provide a "reasonable period for lunch" between the 3rd and 5th hour of work ; "Ordinarily, thirty (30) minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions." N/A KRS 337.355; 803 KY Admin Regs 1: 060 174

LOUISIANA N N/A N/A N/A N/A MAINE Y Y an employee is entitles to 30 consecutive minutes of rest time employees that are exempt from the minimum wage subchapter includes: 26 MRSA 601; 26 MRSA 663 (which may be used as a mealtime) for 6 consecutive hours of work; ; no requirements for pay "Any individual employed in agriculture as defined in Maine Employment Security Law...except when that individual performs services for or on a farm with over 300,000 laying birds..." MARYLAND N N/A N/A N/A N/A MASSACHUSE TTS Y N an employee is entitled to at least a 30 minute meal period for work of 6 consecutive hours MICHIGAN N N/A N/A N/A N/A MINNESOTA Y Y for every eight consecutive hours of work, an employer must give employees sufficient time to eat a meal N/A definition of employee does not include: "(1) two or fewer specified individuals employed at any given time in agriculture on a farming unit or operation who are paid a salary; (2) any individual employed in agriculture on a farming unit who is paid a salary greater than the individual would be paid if the individual worked 48 hours at the state minimum wage plus 17 hours at 1-1/2 itimes the state minimum wage per week" MISSISSIPPI N N/A N/A N/A N/A MISSOURI N N/A N/A N/A N/A MONTANA N N/A N/A N/A N/A NEBRASKA Y NE employees are entitled to at least 30 consecutive minutes for lunch in each eight-hour shift only applies to employees in an assembling plant, workshop, or mechanical establishment employing one or more persons Na MSA 177.254; MSA 177.23 Neb Rev St 48-212 175

NEVADA Y NE employees entitled to 30 minutes in the middle of a continuous 8 hour work shift NEW HAMPSHIRE Y N employees can not work more than 5 consecutive hours without being granted a 30 minute lunch period does not apply to employers with one employee N/A NRS 608.019 NH Rev Stat 275:30-a NEW JERSEY N N/A N/A N/A N/A NEW MEXICO N N/A N/A N/A N/A NEW YORK Y N various allowances for different N/A Labor Law 162 industries and shift start times NORTH N N/A N/A N/A N/A CAROLINA NORTH DAKOTA Y N when 2 or more employees are on duty, a minimum 30 minutes N/A NDAC 46-02- 07-02 period must be provided in each shift exceeding five hours OHIO N N/A N/A N/A N/A OKLAHOMA N N/A N/A N/A N/A OREGON Y N employees are entitled to a 30 minute meal period when they work six hours or more, with specific instructions on when the meal period must occur PENNSYLVANI A RHODE ISLAND SOUTH CAROLINA Y for women; N for men N law for females only: cannot work more than five hours without a meal or rest period of at least thirty minutes Y NE employees are entitled to a 20 minute meal period for a 6 hour workshift and a 30 minute meal period for an 8 hour workshift N/A OR ADC 839-020-0050; OR ST 653.216; OR ST 653.020 "No seasonal farm worker shall be required to work for more than five hours continuously on any premises without a meal or rest period of at least 30 minutes" does not apply to employer who employs less than three people in any workshift N N/A N/A N/A N/A 43 PS 1301.207; PA ST 43 PS 107 Gen Laws 1956 28-3-14 176

SOUTH N N/A N/A N/A N/A DAKOTA TENNESSEE Y N employees are entitled to a 30 minute meal period for six N/A TN ST 50-2- 103 consecutive hours of work TEXAS N N/A N/A N/A N/A UTAH N N/A N/A N/A N/A VERMONT Y N "An employer shall provide an N/A 21 V.S.A. 304 employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee." VIRGINIA N N/A N/A N/A N/A WASHINGTON Y N employees are entitled to a meal period of at least 30 minutes for more than five consecutive hours of work; another meal period if three or more hours longer than a normal work day meal and rest period rules do not apply to "Agricultural labor defined in RCW 50.04.150" BUT contradicted by WAC 296-131-020 which re-establishes rest and meal periods for agricultural workers WA ADC 296-126-001; WA ADC 296-126- 092, WA ADC 296-131-020 WEST VIRGINIA Y N for six or more hours of work in a day, employees are entitled to at least 20 minutes for a meal break, applicable in circumstances where employees "are not afforded necessary breaks and/or permitted to eat lunch while working" N/A WV ST 21-3- 10a 177

WISCONSIN N N/A migrant workers get a meal period of at least 30 minutes unpaid for more than 6 hours of continuous work, unless work will end in that hour; also NOTE that meal times for other employees are merely recommended WI ST 103.935; WI ADC DWD 274.02 WYOMING N N/A N/A N/A 178

Appendix F. Map of State Minimum Wage Standards with Exemptions for Agriculture Minimum Wage Minimum Wage with Ag Exemption States with Own Standards States without Own Standards 179

Appendix G. Map of State Overtime Standards with Exemptions for Agriculture Overtime Overtime with Ag Exemption States with Own Standards States without Own Standards 180

Appendix H. Map of State Rest Period Standards with Exemptions for Agriculture Rest Periods Rest Periods with Ag Exemption States with Own Standards States without Own Standards 181

Appendix I. Map of State Meal Period Standards with Exemptions for Agriculture Meal Periods Meal Periods with Ag Exemption States with Own Standards States without Own Standards 182