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Phone (717) 354-5168 or (717) 872-5111 AUTHORIZED &iq Dutchman. DISTRIBUTOR on Your Form ✓ ♦v*v* SJfj > *4 Labor Department Gets Tough With Farmers The U.S. Department of Labor has strengthened its farm labor regulations, according to Ber nard D. DeLury, Assistant Secretary of Labor for Em ployment Standards. DeLury has instructed Wage and Hour Division compliance officers across the country to pursue compliance with the regulations “with the strongest enforcement measures available to us. The revised Federal regulations, based on several District and Appeals Court decisions, state that: - - Any employer who used more than 500 man-days of agricultural labor in any quarter of the preceding calendar year is required to keep records of workers’ hours, earnings and payments. --Workers are considered to be jointly employed by the labor contractor or crew leader when the farmer has the power to direct, control or supervise their work, or to determine the pay rates or method of payment. - - Where a farmer and a Milk - Drama In The Market Place “As an illustration of how rapidly the market can change, on Labor Day weekend all sur plus handling facilities yere utilized to maximum capacity. Two weeks later, with the opening of schools and increased demands of stores to restock inventories, Inter-State had to request each of our dealers with manufactured milk supplies, to allocate a portion of his supply to fill the fluid needs of the market,” asserted Dr. Paul E. Hand, economist, Inter-State New Holland, Pa contractor or crew leader are joint employers of farm laborers, each is responsible for main taining and preserving the required records. Duplicate records are not required, but if no records exist, one or all of the “employers” may be held liable. DeLury said the tightened regulations, and the impact of the court decisions, will make far easier the job of the Wage and Hour Division in enforcing the law. “The courts,” he said, “have firmly upheld the position that growers and farm labor con tractors or labor crew leaders are individually, jointly and equally responsible for com plying with the law’s provisions. “The rulings have held that agricultural employers are responsible for assuring that workers covered by the Fair Labor Standards Act, whether hired directly or through contractors or crew leaders, are paid the minimum wage, and for keeping accurate employee records and observing the child Milk Producers’ Cooperative, during the annual meeting on November 13 & 14, 1973, at the Marriott Motor Hotel, City Line Avenue, Philadelphia, Pa. “This meant that during the third week in September, many manufacturing plants had to close because virtually all of their milk was being called to the market for fluid use on week days.” Hand continued, “The problem of handling surplus now is one of basically processing milk on weekends and only minimal supplies available during the week. “Although the data for prices and the milk feed price ratio end with July, 1973, the problem confronting dairymen continued acute in August, 1973. The milk feed price ratio declined to 114 or the lowest value for August since the 1940’5. In line with this very substantial decline in milk prices relative to feed and other costs, many dairymen sold their herds Mi* Lancaster Farming, Saturday, November 17,1973 — labor laws ” The latest court ruling was a decision early this year by the U S Court of Appeals for the Fifth Circuit upholding a lower court decision that Griffin and Brand of McAllen, Texas, violated the Fair Labor Stan dards Act by allowing harvest workers to be paid less than the required minimum farm labor wage of $1.30 an hour, illegally employing child labor, and failing to keep accurate em ployee records. Griffin and Brand had con tended that the workers, most of them resident and migrant Mexican Americans, were supplied by crew leaders who, as independent contractors, were solely responsible for hiring and payment of wages. The company usually paid crew leaders a weekly lump sum. Crew leaders paid laborers a portion of the sum and kept the remainder for themselves. Text of the revised regulations was published in the Federal Register of October 4, 1973. and left the business. The price increases which we have requested will come in the months ahead, too little and too late for many of our good members.” “We still have the problems of seasonal surplus and weekend surpluses of milk which make any short supply situation seem paradoxical. The demand for milk has been strong and this means that Class II users of milk have been, and in the future will be asked to release milk for the fluid market when it is required,” explained Dr. Hand. “This adds to the demand pressures on the limited supply in this area. Unless sales decline or production increases (and both will very likely happen at the higher price levels) you will hear about a ‘milk shortage’. This is more appropriately described as a strong demand for milk for Class II uses. There is still an adequate supply for Class I needs.” Inter-State Milk Producers’ Cooperative has 2900 dairy farmer members who reside in Pennsylvania, New Jersey, Delaware, Maryland, Virginia and West Virginia. 19
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