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.
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