agricultural labor laws - presented at nefu annual meeting

Agriculture and Labor Laws

Alli CondraNew England Farmers Union Annual Convention

December 6, 2013

For educational purposes only. Please consult an attorney for specific questions.

Harvard Food Law and Policy Clinic

• The Food Law and Policy Clinic was established in order to link Harvard Law students with opportunities to provide pro bono legal assistance to individuals and communities on various food policy issues.

• The Clinic aims to increase access to healthy foods, prevent diet-related diseases such as obesity and type 2 diabetes, and assist small and sustainable farmers and producers in participating in local food markets.

• Website: http://blogs.law.harvard.edu/foodpolicyinitiative/


Roadmap

• Introduction to Labor Laws• Definitions of Agriculture• Issues• Potential Solutions• Questions/Comments


Introduction to Labor Laws


• Fair Labor Standards Act of 1938• Migrant and Seasonal Worker Protection Act• Child Labor Laws• Immigration (H-2A)• Interns• Apprentices• Others…

Federal Labor Laws


• Minimum Wage

• Overtime

FLSA Requirements29 U.S.C. §§ 201 et seq. (2012).


• Minimum Wage• Required to pay minimum wage with very

limited exemptions.• Overtime• Exemption from overtime pay, as long as

employee is employed in agriculture.

FLSA Exemptions for Agriculture29 U.S.C. § 213 (2012).


• Fines and/or Imprisonment• Back Wages + Other Damages

• Note: States may have their own fines and damages, etc., for violations of state wage and hour laws.• Some states, such as MA, automatically

impose treble (3x) damages.

Consequences of Violating FLSA29 U.S.C. §§ 215, 216 (2012).


Definitions of Agriculture


How do you define “agriculture”?


FLSA/DOL Definition of Agriculture29 U.S.C. § 203(f) (2012).

Agriculture includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities . . . , the raising of livestock, bees, fur-bearing animals, or poultry,

and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.


Secondary Agriculture• Processing/manufacturing v. farming

• “Incident to or in conjunction with”

• Many factors used to decide whether something is secondary agriculture

• Critical inquiry: whether something is an “established” part of agriculture.

29 C.F.R. pt. 780 (2013).


• Exempt + nonexempt work in same week• Agricultural practices of 1938 versus 2013• For example,• On-farm retail• Off-farm retail• Collaborative and cooperative farming• More diversified operations

• Regional differences in agricultural practices• Agency silos/conflicting messages• DOL vs. USDA

Issues


Potential Solutions• Statutory• Congress change definition of agriculture in Code• Congress tell DOL to change/update interpretation

of “agriculture” definition• Regulatory• DOL to modify and broaden interpretation of

“incidental to/in conjunction with”• Other• Encourage agencies to work together on this (USDA

and DOL, in particular)• Education of farmers


Thank you!


Alli CondraHarvard Food Law and Policy Clinic

[email protected]
