Farmworker Employment Rights

You have the right to be free from abuse and harassment in the workplace and in your home! Whether at the workplace or at home, it is important to recognize signs of abuse. Abuse is not just physical! It can also include: Threats; Isolation and intimidation; Emotional mistreatment and verbal abuse; Forced sex; Financial abuse; and/or Minimizing the abuse, denying abuse occurred, and blaming others for their abusive behaviors. Sexual Harassment is illegal and can take many forms. Regardless of where you are, no one has the right to make: Unwelcome sexual advances; Requests for sexual favors; Unwelcome verbal or physical acts of a sexual nature; and/or Any unwelcome communication of a sexual nature. If you are not a citizen, some abusers might try to harm you in other ways, including: Threatening deportation; Hiding or destroying important papers; Refusing to file immigration papers; and/or Threatening to take away your children. It does not matter whether: You have immigration status, documentation, or lack of documentation; You owe a debt to another person or company; and/or Another person has power in the U.S. or another country. Abuse and Mistreatment in the Workplace It is illegal for anyone to: Make false promises about working conditions, living conditions, or pay. Withhold your wages or bonus to control what you do or where you go. Take away your passport, birth certificate, or identification card to control you or where you go. Use threats or force you to work to pay a debt. Force you to work or live in unsafe conditions or withhold access to medical services. Threaten to report you to Immigration or law enforcement to control your movements or force you to work. Force or pressure you into prostitution or other sexual acts. Use you for any commercial sexual act if you are under 18 (whether or not you have given consent). Deny you employment or housing or treat you differently based on your race, color, sex, sexual orientation, gender identity, religion, national origin, native language, accent, age, disability, familial status, or because you complained about unlawful conditions, filed a complaint, were injured on the job, or otherwise asserted your rights. Retaliate against you (including threatening to harm you or your family, deportation, arrest, and more) if you:Try to leave your employment; Complain of mistreatment or unsafe working conditions; Report mistreatment or unsafe working conditions to authorities; or Seek help or legal counsel. Workers have the right to leave their jobs at ANY TIME for ANY REASON. Your employer cannot have you arrested, imprisoned, or your visa denied for quitting. Workers can contact our office if they have been threatened by their employers or supervisors. Workers have the right to be paid for all their work completed prior to quitting. Please visit Wages in Michigan for more information. Workers working under an H-2A visa or contract who wants to leave their employment can visit H-2A Jobs in Michigan for more information about their rights.  Abuse and Mistreatment at Home  Domestic violence is a pattern of behavior where one partner maintains power and control over their intimate partner. Domestic violence can happen to anyone, no matter what your gender, age, or national origin is. Domestic violence is illegal and can take many forms, but there are legal protections available to you, including Personal Protection Orders (PPO).  Personal Protection Orders A PPO is a court order that can help protect you from threats, harassment, or violence.  Domestic PPOsA domestic PPO can be filed with the court to help protect you from harassment, abuse, and other forms of mistreatment committed by domestic persons, which includes a current or ex-spouse, your child’s other parent, someone who lives with or used to live with you, or a current or former romantic partner. To receive a domestic PPO, you must show the judge that you have or had a domestic relationship with the abuser in question and that the abuser is likely to assault, threaten, harass, or stalk you. Non-Domestic PPOsIf you’re experiencing threats, harassment, or abuse from someone who does not have a domestic relationship with you (such as a co-worker, acquaintance, etc.), you may file a nondomestic or “Stalking” PPO. To receive a nondomestic PPO, you must show the judge that the abuser in question has harassed you at least twice. “Harassment” means unwanted contact from another person, including through phone calls, text messages, in-person contact, and more.  Please visit Michigan Legal Help PPO for more information on how to file a domestic or nondomestic PPO. It is not your fault if you are experiencing abuse. Employers cannot refuse to hire you, lower your pay, force you to leave your housing, or fire you because you are a victim of domestic violence. To find the nearest shelter or domestic violence agency, call the National Domestic Violence Hotline at 800-799-7233 (Operators available in Spanish and many other languages). If any of the above has happened to you, you may be eligible for:  Monetary damages; Emergency medical assistance, food, and shelter; Translation services, counseling, and legal assistance; and/or Work authorization or immigration status for witnesses and victims of certain crimes (such as VAWA) or labor disputes. Please visit Immigration Basics for more information.

Learn more about H-2A jobs in Michigan, how to obtain an H-2A job, worker’s rights under an H-2A contract, and more.

Learn more about injuries and illnesses, worker’s right to workers’ compensation, ESTA, and more.

What Are Pesticides? Pesticides are chemicals used to kill weeds, insects and other pests that damage plants. Be Cautious of Pesticides Exposure to pesticides can have immediate or long-term effects on your health. Immediate or short-term symptoms can include flu-like symptoms, skin rashes and blisters, eye irritation, blurred vision, blindness, nausea, diarrhea, difficulty breathing, numbness, dizziness, headaches, tingling in your limbs, coma, or death. Delayed effects may be cancer, birth defects, endocrine disruption, harm to your kidneys, liver, or nervous system. Protect Yourself and Your Family Remember, pesticides can affect your water supply, your food, and your family! Stay away from areas where pesticides are being applied or were recently applied and plants or equipment that have touched pesticides. Use proper personal protective equipment (PPE) and follow the instructions of any pesticides that were used to treat plants with which you are working. Scrub hands to completely to remove pesticides, especially before smoking, eating, or using the bathroom. Shower and change into clean clothes after work. Wash work clothes and shoes regularly and separately from other clothes. What to Do if Exposed to Pesticides There are many actions an individual can take after being exposed to pesticides: Change your clothes and shoes as soon as possible. Shower or rinse with soap and water. Save any clothes exposed to pesticides in an airtight container and keep them out of the light. These may be used to help identify what pesticides you were exposed to. Take pictures or write down information about the pesticides used by your employer, such as chemical labels. Seek medical treatment as soon as possible. Tell the doctor you were exposed to pesticides and share any information or affected clothing you have. Call Poison Control at 800-222-1222 for more guidance. If a person is unconscious, having trouble breathing, vomiting or convulsing, call 911 immediately. Your Employer Should Protect You From Pesticides The Worker Protection Standard (WPS) aims to protect agricultural workers from injuries related to pesticides. Under the WPS, employers are required to: Provide annual pesticide training in your language before you work in a pesticide-treated area. Tell you which fields or work areas have been treated with pesticides. Not allow anyone into an area treated with pesticides before it is safe to return. Post a list of pesticides they have used, and safety data sheets with important information about the pesticides. Post pesticide warning signs at pesticide-treated areas when it is unsafe to enter. They may not be posted at untreated places, for example, housing sites. Report improper use of warning signs. Provide water, soap, and towels at your worksite. Take you to the nearest medical facility if you have been poisoned and provide information on the pesticide used. The employer should help provide for medical assistance for injuries sustained at work. Workers have the right to report any unsafe working or housing conditions! Workers' Rights Your employer may not punish or discriminate against you for making a complaint about pesticide safety. You are protected by the WPS, and you can refuse to work in dangerous situations that violate the WPS. If you are concerned about pesticide safety at your workplace, you can file a complaint with the Michigan Department of Agriculture and Rural Development (MDARD). Call 1-800-292-3939 for more information. You can additionally file a complaint here:

Learn more about minimum wages in Michigan, piece rates, overtime pay requirements, potential higher wages, and example of a paystub.

Has your supervisor told you there is no more work for you, but the season has not finished? You may be able to keep working! Generally, Your Employer Cannot Fire or Lay You off If: They are basing your termination on your race, color, sex, sexual orientation, gender identity, religion, national origin, age, disability, familial status, or terminating you because you complained about unlawful employment conditions (e.g. unsafe working conditions, unpaid wages). They promised you a specific period of work or amount of money, and you have not received it. You are a U.S. worker in an "H-2A" job and workers with an H-2A visa are continuing to work.Please visit H-2A Jobs for more information about your employment rights under an H-2A contract. You belong to a union. Only certain people have the authority to make hiring and firing decisions. If you are unsure whether you are fired or laid off, ask the boss and express your desire to continue working through the end of the season. You have the right to request a copy of your personnel file. This can help you better understand whether you are being fired or laid off and the reason why. It also can help you to enforce your right to continue working, if you were fired or laid off for an unlawful reason. Housing Have you been told you must leave the migrant camp where you live? No one can force you to leave your residence! Generally, the housing owner must get a “court order” signed by a judge to lawfully remove you and your family, giving you time to move out. Your boss cannot withhold your pay as a condition of you leaving the housing. The housing operator cannot remove your possessions, turn off the utilities, or change the locks and police cannot help landlords remove you without a court order.Please visit Farmworker Housing to learn more about evictions. You Have the Right to Receive Your Pay When Owed If you are a hand harvester and your boss fires or lays you off, they must pay you within one day. If you quit your job, your boss must pay you within three days. If you are not a hand harvester and are fired, laid off, or quit—your boss must pay you on your regularly scheduled payday after the end of your employment. If your employer promised you a bonus, you should receive it in full when you finish your work agreement. The 3/4 GuaranteeIf you are or working alongside an H-2A worker, you are guaranteed work for at least three-fourths (¾) of the workdays of your total contract period listed in your job order. Please visit H-2A Jobs for more information about the 3/4s Guarantee. If you paid a security deposit, your employer must return it to you within 30 days of your moving out.Please visit Wages in Michigan for more information about wages. Unemployment Has your employer said you are not eligible for unemployment? You may still be eligible! Workers may be eligible for unemployment, even if an employer does not contribute to unemployment, or if that employer fails to offer employment the following season. Please visit Unemployment to learn more. Workers Have Rights Keep all pay stubs, time slips, contracts, employee handbooks, work rules, W-2 forms, texts that show hours worked, copies of all documents you sign, photographs of housing, etc. Any documents from your job are important and can help you enforce your rights! If an agency is investigating a labor dispute at your work or involving your employer, you may be eligible for relief. Please visit Immigration Basics for more information.

Workers Have the Right to a Safe and Sanitary Work Environment Your employer must notify each employee of the location of the sanitation facilities and must allow reasonable opportunities during the workday to: Use the facilities for drinking, hand‑washing, and use of the toilet; Drink water frequently from a single-use, unshared cup or drinking fountain, especially on hot days; Wash hands before eating or smoking; Wash hands before and after using the toilet; and Use the bathroom as often as necessary. Drinking water must be: Provided free of charge by the employer; In locations readily accessible to all employees; Suitably cool and in sufficient amounts, considering air temperature and humidity, to meet the needs of all employees; Dispensed in single‑use drinking cups or by fountains. The use of shared cups or dippers is prohibited; and Dispensed in containers designed to maintain water quality that are refilled daily, kept covered, and regularly cleaned. Hand‑washing facilities must be: Clean, sanitary and refilled with clean water as necessary; Equipped with soap and single‑use towels; Equipped with at least one gallon of water for each worker at the beginning of the workday, if working in a pesticide-treated area; Sufficiently provided with at least one facility per 20 workers; and Located with the toilets. Toilets must be: Operational, clean, and sanitary, and includes an adequate supply of toilet tissue; Ventilated, screened, and constructed to ensure privacy, including self‑closing doors that can be latched from the inside; Sufficiently provided with at least one facility per 20 workers; and No more than a 15-minute walk away. Employers must: Perform a “hazard assessment” of the workplace to identify and control physical and health hazards to workers; Identify, provide, and pay for appropriate personal protection equipment (PPE) for employees; Provide training to employees in the use and care of the PPE; Maintain the PPE, which includes replacing worn or damaged PPE; and Periodically review, update, and evaluate the effectiveness of the PPE program. Workers should: Properly wear personal protection equipment (PPE); Attend training sessions on PPE; Care for, clean, and maintain PPE; and Inform a supervisor of the need to repair or replace PPE. Heat Stress, Heat Exhaustion, and Heat Stroke What is Heat Stress? Heat stress occurs when the body cannot get rid of excess heat. Factors that contribute to heat stress include: High temperatures; High heat sources; High humidity; Direct physical contact with hot objects; and/or Physically demanding activities, such as farm work. Symptoms of heat stress can vary and can lead to either heat exhaustion or heat stroke. Both conditions require medical attention. What is Heat Exhaustion? Heat exhaustion occurs when your body overheats and when the body’s natural way to regulate temperature (through increased heart rate and sweat) is not enough to keep the body temperature from rising. Heat exhaustion can include the following symptoms: Feeling faint or experiencing dizziness; Excessive sweating; Cool, pale, clammy skin; Nausea or vomiting; A fast pulse; and/or Muscle cramps If you or someone you work with has the symptoms of heat exhaustion, do the following: Move to a cool place (i.e. shaded areas, indoors, etc.). Loosen or remove clothing for ventilation. Cool the worker with cool compress. Provide/drink cool water. Stay with the worker until help arrives. Get medical help by either calling 911 or taking the worker to a clinic or emergency room if any of the following happens: If the worker throws up or cannot drink fluids; Symptoms progressively worsen; and/or Symptoms last for more than one hour. What is a Heat Stroke? Heat stroke is a life-threatening condition which occurs when heat overwhelms your body’s ability to manage its temperature. Heat stroke causes reduced blood flow and damage to vital organs if it goes unchecked and untreated. Call 911 immediately if you or someone you work with is showing symptoms of heat stroke. Heat stroke includes the following symptoms: Appear confused or disoriented; A very high body temperature; Red, hot skin that may be dry or sweaty; Nausea or vomiting; Presence of a fast pulse; and/or Fainting or passing out. If you or someone you work with experiences these symptoms, call 911 right away! While waiting for 911 to respond, move yourself or the worker to a cooler place. There are many practices to cool yourself or a worker down, such as moving the worker to a shaded area, place cool, wet cloths on the skin, and removing outer clothing. Help lower the person’s temperature with cool towels or a cool bath. Workers are protected by federal and state law regarding workplace health and safety. There may be relief or compensation available for violations of worksite health and safety regulations, such as: An employer’s failure to provide reasonable use to toilets, drinking water, and hand-washing facilities near your work violates state and federal laws, and eligible farmworkers may be able to recover up to $500 for each violation. As a current employee, you have the right to file a complaint with MIOSHA for health and safety violations at your workplace. Workers may file an anonymous complaint with MIOSHA at 800-866-4674. It is against the law for employers to retaliate against a worker who reports a workplace health and safety violation. If your employer retaliated against you after reporting a safety violation, you may have a discrimination claim with MIOSHA. Document the address or prepare to describe the worksite location and provide the times you will be working. Workers can request a free, confidential consultation online or by calling the Michigan Farmworker Hotline at 800-968-4046 to speak with an attorney about suspected violations of these rules.

Familial and Pregnancy Discrimination is Illegal: Employers cannot terminate your work, refuse to hire, lower your pay, or deny housing or employment solely because you have a family, require family housing, or are pregnant. Your employer is required to provide reasonable accommodations for disabilities, including disabilities related to pregnancy or recent childbirth, absent undue hardship. Age Discrimination is Illegal: In Michigan, employers cannot fire, refuse to hire, or treat workers differently based on age. Discrimination against legally employable children or older adults based on their age is unlawful. Youth Employment in Fields and Orchards Michigan employers generally do not allow children in fields or orchards unless they are eligible to work. Youth under 12 years old generally may not work. Youth ages 12 or 13 may perform non-hazardous farm work alongside their parents or with written parental consent. Youth under 16 are prohibited from doing “hazardous work,” such as operating machinery or handling toxic or explosive materials. Youth under 17, who have not completed high school, must attend school during public school sessions. Public school is free for all children in Michigan, regardless of immigration status. Additional restrictions apply to work in industries other than farm work. Contact the Michigan Department of Migrant Education (517) 241-6974 for resources available to children of farmworkers. Work Permits Children do not need a work permit for farm work. Children under 18 may need a work permit to perform other types of work, including “agricultural processing.” Minimum Wages for Youth Employers must pay at least the rates disclosed at the time of recruitment. Farmworkers, including youth, performing H-2A job duties must be paid at least $13.73 per hour in 2026, and $15.00 per hour starting January 1, 2027. Please visit Wages in Michigan for more information on wages. Additionally, US workers, including youth, who are working alongside or performing H-2A work are entitled to the benefits under an H-2A contract. Please visit H-2A Jobs for more information. Reduced training rates may be paid to youth ages 16-19 as long as they are not employed by H-2A employers and the reduced rates were disclosed at the time of recruitment.A farmworker aged 16 - 19 years old may be paid a minimum training wage of $4.25 per hour for the first 90 consecutive calendar days of employment. After 90 days (about 3 months), Farmworkers aged 16 - 17 may be paid a reduced post-training minimum wage that is 85% of the normal Michigan minimum hourly wage, meaning: From Jan. 1 through Dec. 31, 2026, the post-training minimum wage is $11.67 per hour. From Jan. 1 through Dec. 31, 2027, the post-training minimum wage is $12.75 per hour. Farmworkers ages 18 and over must be paid the normal Michigan minimum wage of: From Jan. 1 through Dec. 31, 2026, $13.73 per hour and Starting Jan. 1, 2027, $15.00 per hour. Record of work Employers must provide every person, including each child, employed in agriculture with their own paycheck and wage statement. The employer may need to keep other records, such as evidence of the child’s age or the parent’s written consent.