Agricultural Labor Laws - Presented at NEFU Annual Meeting

Agriculture and Labor Laws
Alli Condra
New 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
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Introduction to Labor Laws
Definitions of Agriculture
Issues
Potential Solutions
Questions/Comments


Introduction to Labor Laws

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

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

• Minimum Wage
• Overtime


FLSA Exemptions for Agriculture
29 U.S.C. § 213 (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.


Consequences of Violating FLSA
29 U.S.C. §§ 215, 216 (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.

Definitions of Agriculture

How do you define “agriculture”?


FLSA/DOL Definition of
Agriculture includes Agriculture
29 U.S.C. § 203(f) (2012).

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).

Issues
• 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

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 Condra
Harvard Food Law and Policy Clinic
acondra@law.harvard.edu
617-390-2556


Agricultural Labor Laws - Presented at NEFU Annual Meeting

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