Farm Labor Contractors Ordered Not to Issue IOUs

Friday, 30 January 2009 06:48

Wage & Hour

The FLC was issued a notice to discontinue the practice. It is also being required to provide verification that the workers received their checks and to provide copies of the cancelled checks.

Farm labor advocates like the California Rural Legal Assistance (CRLA) have also been pressuring the Fresno County District Attorney’s Office to prosecute FLCs with egregious violations.

Counsel to Management:

Using FLCs does not protect a grower from liability for labor and employment law violations because a grower may be found to be a joint employer. Growers are held accountable for the conditions in their fields.

In order to avoid an automatic joint employer finding it is critical for growers to have service agreements with FLCs specifying the responsibilities and duties of both the grower and the FLC. It is also critical for growers to monitor the FLC’s compliance with applicable laws and regulations. Conducting audits on FLCs is an effective way to determine FLC compliance.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100.