Posted February 11, 2014
Provisions of the recently enacted farm bill require
the Department of Labor (DOL) to consult with the USDA before stopping
shipments under the “hot goods” provision of federal labor law, according to an
article by Capital Press available here.
The two agencies must consult “whenever DOL pursues an
action that could lead to the restraining of shipments or the confiscation of
ag commodities for suspected labor violations,” according to a spokesman for
Rep. Kurt Schrader (D-OR).
Blocked shipments of
perishable crops became a prominent issue in 2012 when the DOL told several
Oregon blueberry farms that their crops would be blocked under the “hot goods”
provision. The farms agreed “to pay DOL
about $240,000 to lift the ‘hot goods’ objection and settle allegations of
paying workers less than the minimum wage.”
The growers waived their rights to challenge the DOL’s accusation as
part of the settlement agreement.
Recently, however, a
federal magistrate judge recommended that the settlements be overturned because
they were signed under duress. The
opinion in Perez v. Pan-American Berry
Growers, LLC is available here. A statement from the Oregon Farm Bureau on
the case is available here.
The farm bill’s
requirement for DOL officials to discuss “hot goods” enforcement with USDA will
have a “moderating effect” on the agency’s action, said Dave Dillon, executive
vice president of the Oregon Farm Bureau.
“The hope is that it
achieves a process where the Department of Labor and the Department of Ag are
working together,” said Dale Moore, executive director of public policy for the
American Farm Bureau Federation.
For more information on
labor law issues, please visit the National Agricultural Law Center’s website here.
