Labor Standards in Agriculture Presented by the U.S. Department of - PowerPoint PPT Presentation

Labor Standards in Agriculture Presented by the U.S. Department of Labor Wage & Hour Division Seattle District Office May 2016 David Miljoner, Assistant Director, Seattle Office Wage and Hour Division www.wagehour.dol.gov 1-866-487-9243

Fact Sheet # 44: Visits to Employers  WHD is responsible for administering and enforcing a number of federal laws which set basic labor standards, among them: Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Compliance Responsibilities  Fair Labor Standards Act  * * Child Labor in Agriculture  Migrant & Seasonal Agricultural Worker Protection Act  Occupational Safety and Health Act (OSHA) (citation) sets field sanitation  Section 216 of the Immigration and Nationality Act (H-2A) Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Visits to Employers An investigator from WHD may conduct an investigation to determine whether these laws apply to an employer. If the employer is subject to these laws, the investigator will verify that workers are paid and employed properly according to the laws administered, and that youths under age 18 are employed as provided by the child labor provisions. The WHD does not require an investigator to previously announce the scheduling of an investigation, although in many instances the investigator will advise an employer prior to opening the investigation. Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Visits to Employers  The investigator has sufficient latitude to initiate unannounced investigations in many cases in order to directly observe normal business operations and develop factual information quickly.  An investigator may also visit an employer to provide information about the application of, and compliance with, the labor laws administered by WHD. Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Why is an employer selected for an investigation?  The WHD conducts investigations for a number of reasons, all having to do with enforcement of the laws and assuring an employer’s compliance. WHD does not disclose the reason for an investigation. Many are initiated by complaints All complaints are confidential  In addition to complaints, WHD selects certain types of businesses or industries for investigation.  Regardless of the reason all are conducted in accordance with established policies and procedures.  FS Wage and Hour Division 1-866-487-9243

I nvestigation Procedures  Section 11(a) of the FLSA authorizes representatives of the Department of Labor to investigate and gather data concerning wages, hours, and other employment practices; enter and inspect an employer’s premises and records; and question employees to determine whether any person has violated any FLSA provision  The WHD investigator will identify himself/herself and present official credentials. The investigator will explain the investigation process and the types of records required during the review. Wage and Hour Division 1-866-487-9243

I nvestigation Steps  Examination of records to determine which laws or exemptions apply.  Examination of payroll and time records, and taking notes or making transcriptions or photocopies  Interviews with certain employees in private.  Meet with the employer and/or a representative of the firm who has authority to reach decisions and commit the employer to corrective actions if violations have occurred  Employers may be represented by their accountants or attorneys at any point Wage and Hour Division 1-866-487-9243

What enforcement remedies are available ?  The FLSA gives the Department of Labor (“Department”) the authority to :  recover back wages and liquidated damages (to be paid to employees)  o assess civil money penalties (to be paid to the government), in instances of minimum wage, overtime, and other violations. Wage and Hour Division 1-866-487-9243

What enforcement procedures are provided under the laws?  The Department makes every effort to resolve most compliance issues administratively. If appropriate, the Department may litigate and/or recommend criminal prosecution. Wage and Hour Division 1-866-487-9243

Administrative procedures  Supervise the payment of unpaid compensation owed to any employee(s).  • In lieu of litigation, the Department may seek back wages, liquidated damages, and civil money penalties, if applicable, through settlements with employers.  • Civil money penalties may be assessed for child labor violations, repeat and/or willful violations of FLSA minimum wage or overtime requirements, and other violations under the MSPA. Wage and Hour Division 1-866-487-9243

Litigation procedures  Litigation procedures :  • The Department may file a lawsuit in U.S. District Court  • The Department may seek a U.S. District Court injunction to restrain violations of the law,  • The Department may seek an order for payment of civil money penalties from a U.S. Department of Labor Administrative Law Judge.  • An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorney’s fees and court costs. • The FLSA provides that DOL may seek a U.S. District Court order to Wage and Hour Division 1-866-487-9243 h hi f h ff d d

Litigation procedures  • An employee may file a private suit to recover back wages, an equal amount in liquidated damages, plus attorney’s fees and court costs.  • The FLSA provides that DOL may seek a U.S. District Court order to prevent the shipment of the affected goods. Wage and Hour Division 1-866-487-9243

Criminal prosecution  Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment. Wage and Hour Division 1-866-487-9243

Retaliation is prohibited  Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. If adverse action is taken against an employee for engaging in protected activity, the affected employee or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages. Wage and Hour Division 1-866-487-9243

Fair Labor Standards Act (FLSA) Wage and Hour Division www.wagehour.dol.gov 1-866-487-9243

FLSA Overview  Minimum Wage-$7.25 per hour  Overtime - after 40 hours per week  Child labor  Recordkeeping provisions Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Coverage  “ Coverage ” refers to whether a business or worker is subject to the FLSA. • “ Covered ” means subject to FLSA. • “ Not Covered ” means not subject to FLSA. Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

FLSA Coverage  Two Types of Coverage • Enterprise Coverage: If an enterprise is covered, all employees of the enterprise are entitled to FLSA protections. • Individual Coverage: Even if the enterprise is not covered, individual employees may be covered and entitled to FLSA protections. Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Enterprise Coverage  Enterprise with: • At least two (2) employees • At least $500,000 a year in gross receipts  If these two conditions are met, then all employees are covered Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Individual Coverage  Workers who are engaged in: • Interstate commerce; • Production of goods for commerce; • Closely-related process or occupation directly essential (CRADE) to such production  Essentially all field workers are individually covered by FLSA Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

FLSA Minimum Wage $7.25 per hour • Minimum rate must be paid regardless of method of payment: –hourly –piece rate –job rate –day rate –salary Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

FLSA Overtime to be paid  Time and one half after forty hours must be paid in these cases: • Certain Packing/Processing plants – Where goods are processed for more than one farmer • Retail operations off the farm – Example: nursery outlets • Reforestation and Christmas Trees Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Deductions not allowed  Deductions from pay not allowed if: • Deduction is for item that is for the employer ’ s benefit or convenience; and, • The deduction reduces the employee ’ s earnings below minimum wage, or • The deduction is from overtime pay Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Examples  Examples of deductions not allowed: • Tools required to do the work • Damages to employer property • Theft of employer property • Safety equipment required by law Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Exemptions  Exemption means that certain requirements do not apply even if the business or worker is covered by the FLSA. Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov

Wage requirements do not apply  When: • Fewer than 500 man days on the farm in every calendar quarter last year • Worker is either the spouse, parent, child, brother or sister of the owner • Local hand harvest worker paid a piece rate who worked fewer than 13 weeks last year Wage and Hour Division 1-866-487-9243 www.wagehour.dol.gov