Ann Margaret Pointer, an attorney and agricultural labor specialist with Fisher & Phillips LLP of Atlanta, and an advisor for the Southern Cotton Ginners Association (SCGA) told those gathered at the SCGA summer meeting in Branson, MO that failure to remain diligent in keeping up with changing laws and regulations that affect farm labor could be pricey.As Hembree Brandon reports for the Southeast Farm Press, Pointer stated, ‘“There are many ways businesses, individuals who run them, and supervisory personnel are responsible for compliance with state/federal labor laws and can incur liability. . . They include discrimination laws, minimum wage laws, migrant/seasonal worker laws, OSHA laws, and others.” She also noted that “corporate structure does not necessarily protect personal assets in a legal action.”
Pointer believes agricultural business owners and/or employers should be aware that a new I-9 form from the U.S. Citizenship and Immigration Services took effect on April 3, 2009. This form must be completed and kept by all U.S. employers “for each individual they hire for employment in the United States,”—citizens and non-citizens alike. Failure to use the form makes an employer liable for civil monetary penalties. Pointer also reminded the crowd that while immigration remains a controversial issue in Washington, lawmakers from all over the country are fairly united behind the principal that those who hire illegal immigrants should be punished. There is even the desire among some in Washington to issue criminal penalties for “knowingly” hiring an illegal immigrant.
Pointer stated, ‘“To the extent you’re dependent upon a migrant crew, be alert to the fact that the government is actively looking for illegals . . . Be sure you’re complying with all regulations and have the necessary documentation.”’ Two federal laws Pointer is referring to are the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Pointer argues that the definition of employment in the statues gives them a wide-range of authority. Pointer also noted that some states have statutes that go further than there federal counter-parts.
To learn more about labor laws and agricultural issues from Fisher & Phillips LLP click here.
To read Brandon’s story click here.
Posted: 09/04/09
