How to Fill Out DOL Form WH-202 (w/ Examples) + FAQs

If your business employs full-time students at subminimum wages in retail, service, or agriculture, you’ve probably crossed paths with DOL Form WH-202. This form is the U.S. Department of Labor’s Wage and Hour Division (WHD) application that lets agricultural employers request authority to pay full-time students at 85% of the applicable federal minimum wage under 29 CFR Part 519.

This guide walks you through every line of the form, shows two complete real-world style examples, and answers the most common questions employers ask before submitting. If you operate a retail or service establishment instead, you’ll use Form WH-200; institutions of higher education use Form WH-201.

What Is DOL Form WH-202?

Form WH-202 is the Application to Employ Full-Time Students at Subminimum Wages in Agriculture Under Regulations 29 CFR Part 519. It is issued by the Wage and Hour Division (WHD) of the U.S. Department of Labor.

When approved, the certificate authorizes an agricultural employer to pay full-time students no less than 85% of the federal minimum wage — currently \$6.16/hour based on the \$7.25 federal minimum (rounded to the nearest nickel) under the Fair Labor Standards Act (FLSA).

The legal basis for the program is Section 14(b) of the FLSA and the implementing regulations at 29 CFR Part 519, Subpart C.

Who Should File Form WH-202?

You should file Form WH-202 if all of the following are true:

You operate an agricultural establishment (farming, livestock, dairy, nursery, or horticultural operation as defined in Section 3(f) of the FLSA).
You want to employ full-time students age 14 or older (with limited exceptions for younger workers permitted to work in agriculture).
You intend to pay them less than the full federal minimum wage but at least 85% of it.
The students will not displace other workers or replace employees on strike.

If you run a retail or service business, file Form WH-200 instead. If you are a college or university, file Form WH-201.

Before You Begin: What You’ll Need

Gather this information before opening the PDF:

Your legal business name, trade name (DBA), physical address, and mailing address.
Federal Employer Identification Number (EIN) — see the IRS EIN lookup.
Type of agricultural activity (e.g., apple orchard, dairy, vegetable farm).
Number of full-time, part-time, and student employees currently on payroll.
Total hours worked by all employees in the most recent payroll week.
Hourly wage rates for your non-student employees doing similar work.
The federal minimum wage and your state minimum wage if higher (see state minimum wage chart).
A signed certification from each student verifying full-time enrollment.

You can download the current PDF directly from the WHD Forms page.

Line-by-Line Instructions for Form WH-202

The form has six core sections. Below is a walk-through of each one.

Section 1 — Employer Identification

Enter the legal name of the employer exactly as it appears on your IRS filings, your trade name if different, the physical address of the establishment where students will work, and a mailing address if it differs. Provide a phone number, email, and EIN. Tip: an inconsistent legal name is the single most common reason WHD returns the application — match it to your IRS EIN confirmation letter.

Section 2 — Type of Establishment

Check the box for Agriculture and describe the operation in plain language (e.g., “200-acre apple orchard with on-site packing shed”). Reference the FLSA’s definition of agriculture under 29 USC § 203(f) when in doubt.

Section 3 — Employment Data

Provide a snapshot of your workforce as of the application date:

Number of full-time non-student employees.
Number of part-time non-student employees.
Number of student employees currently working.
The proposed number of student certificates requested.
Total weekly hours worked by all employees in the most recent representative pay period.

This data lets WHD verify that hiring students at subminimum wages won’t displace existing workers — a key requirement under 29 CFR § 519.5.

Section 4 — Wage Information

List the lowest wage paid to non-student employees performing similar work, the proposed student subminimum wage (must be at least 85% of the higher of the federal or state minimum wage), and the hours per week each student will work.

Remember the regulatory cap: students may work no more than 8 hours per day and 20 hours per week while school is in session, and up to 40 hours per week during school vacations, per 29 CFR § 519.6.

Section 5 — Reason for the Application

Explain why subminimum-wage student employment is necessary — usually because of seasonal labor shortages, a desire to provide work-study opportunities, or because paying full minimum wage would cause “curtailment of opportunities for employment,” the regulatory standard set by 29 CFR § 519.4. Be specific: vague answers trigger follow-up questions and delay approval.

Section 6 — Certification & Signature

The owner, officer, or authorized representative must sign and date the form, certifying under penalty of perjury that all information is accurate and that the employer will comply with 29 CFR Part 519 and the FLSA recordkeeping rules at 29 CFR Part 516.

Submit the completed form to your nearest WHD Regional Office or by mail to the address printed on the current form.

Example 1 — Family-Owned Apple Orchard (Washington State)

Scenario: Cascade Ridge Orchards LLC operates a 120-acre apple farm in Yakima County, WA. During harvest (September–October), the owners want to hire 15 local high-school students for after-school and weekend picking work.

Section	Entry
1. Legal Name	Cascade Ridge Orchards LLC
1. Trade Name	Cascade Ridge Orchards
1. EIN	91-XXXXXXX
2. Establishment Type	Agriculture — apple orchard, harvest & packing
3. Full-time non-students	6
3. Part-time non-students	4
3. Students requested	15
3. Total weekly hours (workforce)	580
4. Lowest non-student wage	\$16.66/hr (WA minimum, see Washington L&I)
4. Proposed student wage	\$14.16/hr (85% of \$16.66)
4. Hours per student	18/week in school; 32/week on breaks
5. Reason	Seasonal harvest peak; without student labor at subminimum wage, owner could not afford to hire enough workers to pick before frost.
6. Signature	Owner, dated.

Because Washington’s state minimum (\$16.66) is higher than the federal (\$7.25), the state minimum controls, and 85% of \$16.66 must be the floor — see WHD Fact Sheet #32.

Example 2 — Midwest Dairy Operation (Wisconsin)

Scenario: Green Pastures Dairy, Inc. milks 300 cows and wants to hire 5 full-time agriculture students from the local FFA chapter for early-morning milking shifts year-round.

Section	Entry
1. Legal Name	Green Pastures Dairy, Inc.
1. EIN	39-XXXXXXX
2. Establishment Type	Agriculture — dairy farm
3. Full-time non-students	9
3. Part-time non-students	2
3. Students requested	5
4. Lowest non-student wage	\$10.00/hr
4. Proposed student wage	\$8.50/hr (85% of \$10.00, well above the \$6.16 federal floor)
4. Hours per student	15/week in school; 35/week on breaks
5. Reason	Difficulty recruiting early-morning milkers; partnership with local FFA provides career training while filling labor gap.
6. Signature	President, dated.

Wisconsin follows the federal \$7.25 minimum (see Wisconsin DWD), so the federal floor applies — but the employer chose to anchor the subminimum to its actual prevailing rate, which is best practice and reduces audit risk.

After You File: What Happens Next

The WHD reviews applications in the order received. Typical processing time is 30–60 days, though complex applications may take longer per the WHD’s own service standards. If approved, you’ll receive a certificate that:

Specifies the number of students you may employ at subminimum wages.
States the effective date and expiration date (usually one year).
Imposes the hour limits and wage floor described above.

You must post the certificate where employees can see it and keep payroll records under 29 CFR § 516.2 for at least three years.

Common Mistakes to Avoid

Mismatched legal name and EIN — match the IRS letter exactly.
Calculating 85% off the federal minimum when state minimum is higher — always use the higher of the two; check state minimum wage rates.
Listing students who aren’t truly full-time enrolled — keep enrollment certifications in your records.
Exceeding hour caps — 8/day, 20/week in school, 40/week on break, per 29 CFR § 519.6.
Letting the certificate lapse — file renewals 30 days before expiration via the WHD Forms portal.

FAQs

What is the difference between WH-200, WH-201, and WH-202?

WH-200 is for retail or service establishments, WH-201 is for institutions of higher education, and WH-202 is exclusively for agricultural employers. All three implement 29 CFR Part 519.

How much can I pay a full-time student under a WH-202 certificate?

At least 85% of the applicable minimum wage — federal or state, whichever is higher. With a \$7.25 federal minimum, the floor is \$6.16/hour as outlined in WHD Fact Sheet #32.

Is the student subminimum wage the same as the youth minimum wage?

No. The \$4.25 youth minimum wage applies to workers under 20 during their first 90 consecutive calendar days of employment and does not require a certificate. The full-time student program under WH-202 is a separate, certificated program with hour caps.

How long is a WH-202 certificate valid?

Generally one year from the effective date. You can apply to renew before expiration through the WHD Forms page.

Can I file WH-202 online?

As of 2026, the WHD accepts the form by mail or in person at local WHD offices. Some districts accept email submissions — call ahead to confirm.

What records do I need to keep?

In addition to the FLSA records under 29 CFR Part 516, you must keep the student’s certification of full-time enrollment, a copy of the certificate, and daily/weekly time records showing compliance with the hour caps in 29 CFR § 519.6.

What happens if I employ a student at subminimum wages without a certificate?

You may be liable for back wages equal to the difference between what you paid and the full minimum wage, plus an equal amount in liquidated damages under Section 16(b) of the FLSA, and possible civil money penalties. Investigations are conducted by the Wage and Hour Division.

Does the WH-202 program apply to H-2A workers?

No. H-2A temporary agricultural workers are paid the Adverse Effect Wage Rate set by the Department of Labor’s OFLC — not the student subminimum.

Can I revoke or modify a certificate?

Yes. Either party may request modification in writing. The WHD may also revoke a certificate for noncompliance under 29 CFR § 519.8.

Where can I get help filling out the form?

Contact your local WHD office, call the WHD toll-free at 1-866-4-USWAGE (1-866-487-9243), or consult the employer compliance assistance hub.

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