For complete results, select the county where you live or where your case is filed:

Select county
x
x

Farmworker Employment Rights

Contents

    Getting Paid

    Minimum Wage Is Required

    All adult farmworkers must be paid minimum wage. Michigan’s 2017 minimum wage is $8.90 an hour. Even if you are paid "piece rate" (by the box or pound), you still must get at least $8.90 for each hour you work. On January 1, 2018, Michigan’s minimum wage will rise to $9.25 an hour.

    Write Down Your Hours

    Protect yourself by writing down the hours that each member of your family works every day. Do this even if you are paid piece rate. Use this calendar from Farmworker Legal Services to record your hours. At the end of each work day, write down the time that you began working and the time you quit working for the day. Also write this information for your spouse and children, if any. Write down lunch and break times. If there is ever a dispute about your wages, an accurate record of hours you worked will help you prove your hours and collect your pay.

    You Must Be Paid on Time

    You must be paid at least once a week within two days after the end of the workweek, unless you agree to a different payday in writing.

    Each Worker Must Be Paid with a Separate Paycheck

    Even children must be paid with a separate paycheck. Read Children in the Field to learn about the jobs that children can do.

    Record of Hours

    On most farms, your boss must give you a record showing the following:

    • The number of hours you worked each week

    • If you are paid by the piece, the number of pieces you picked

    • The amount you earn per hour and per piece

    Your boss must keep separate records for each worker, even for children.

    Deductions

    Your boss must deduct taxes from your pay. Your boss cannot take any other money out of your pay (for housing, utilities, loans, etc.) unless you agree in writing.

    If You Are Injured

    Tell your boss right away if you are injured. Ask your boss to take you to the nearest hospital, health clinic, or urgent care provider. If you need medical care or miss more than one week of work because of an injury on the job, your boss's insurance company may have to pay your medical bills and lost wages. You can receive worker’s compensation even after you leave Michigan. Contact a worker’s compensation lawyer immediately if you have suffered a work-related injury or disease and if you are not receiving medical care paid for by your employer. Use Find a Lawyer to search for a lawyer near you.

    Discrimination

    Employers may not treat you differently or discriminate against you for any of the following reasons:

    • Your citizenship or immigration status

    • Your place of birth, country of origin, ancestry, native language, accent, or because you are perceived as looking or sounding "foreign"

    • You have filed a complaint, cooperated with a government investigation, or asserted your rights

    • You have children

    There are some exceptions to the rules above. If you believe you have suffered discrimination, call Farmworker Legal Services at 1-800-968-4046 or the U.S. Department of Justice Civil Rights Division – Immigrant and Employee Rights Section at 1‑800‑255‑7688.

    Were You Fired or Laid Off?

    “At-will” employment means you can be fired or laid off without any reason, but you usually cannot be fired for any of the following reasons:

    • Your race, color, sex, religion, national origin, age, or disability

    • You are an “H-2A” foreign worker

    • You belong to a union

    • You complained about your pay, unlawful working conditions, or poor housing conditions

    • You were promised a certain length of work or specific amount of money (by “contract”)

    If you are laid off, you may qualify for unemployment benefits. If you are not sure if you have been fired or laid off, ask your boss. To learn more, go to the toolkit I Need to Apply for Unemployment Benefits.

    Documents from your job are important. Be sure to keep all pay stubs, time slips, contracts, employee handbooks, work rules, W-2 forms, and copies of all documents you are asked to sign. These documents are important to protect your legal rights or to get benefits in the future, like unemployment benefits.

    This information was provided by Farmworker Legal Services (FLS). FLS is a legal aid office with lawyers and other legal staff who provide free legal assistance and referrals to migrant and seasonal farmworkers throughout Michigan.