A34-Lancaster Fanning, Saturday, July 1,1989
I
F
A
R
MANAGEMENT
BY JOHN J. DEFASSIO
Multi-County Farm
Management Extension Agent
Legal Issues
For Labor
Management
Penn State Cooperative Exten
sion Farm Management Agents are
taking an in-depth look at labor
management In order to cover
such a broad topic we have divided
the subject into eleven articles.
This is the first installment of the
series.
The legal issues of labor man
agement could fill a book. Several
books for that matter, and indeed
they do. Each piece of legislation
written today affecting labor has
become so involved that books
must be published just to provide
employers with a means of com
pliance. I will only summarize the
laws which you, as agricultural
employers, should be aware.
Minimum Wage Law
The minimum wage in Pennsyl
vania currently is $3.70 per hour.
Fortunately, agricultural labor is
exempt from this legislation.
Unfortunately, SEASONAL farm
workers are subject to PA mini
mum wage rates. The federal mini
mum wage rate is currently set at
$3.35 per hour. Recently Congress
has attempted to increase this rate.
President Bush, has vetoed such
action.
The Federal minimum wage
applies to agricultural labor if five
handled work days of labor arc
employed in a calendar quarter of
the preceding year. A work day is
one person working at least one
hour on any given day. Retail farm
outlets must handle ONLY that
farm’s products to be considered
SERVING THE FARMERS
FOR 118 YEARS
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agricultural labor for minimum
wage purposes. The sale of any
product not produced on the farm
requires the standard minimum
wage law to be enforced.
The United States Department
of Labor (USDL) allows an 85% of
minimum wage payment to stu
dents on a limited basis. Certifica
tion from the Department of Labor
is required.
In determining the compliance
rate certain non-cash items qualify
as minimum wage credit. The val
ue of board, Iddging and meals can
all be used in calculating the mini
mum wage payment.
Worker’s Compensation
Insurance
Few people like to purchase
insurance, but this coverage is
required by law. Any employer of
agricultural labor who pays $l5O
or more in wages to one person, or
gives employment on 20 or more
days to one person is required to
provide Worker’s Compensation
Insurance coverage for all
employees.
Failure to provide such cover
age will permit the employee to
recover triple the damages. Pur
chasing such coverage will offer
protection from legal action
brought by an employee.
fhe cost of coverage is set by
state law, but varies depending
upon the type of farming activity.
It is available from private insur
ance carriers or the State Work
man’s Insurance Fund.
OSHA
The Occupational Safety and
Health Act states that an employer
has a duty to provide a work envi
ronment free of recognized
hazards likely tp cause death or
injury. At present the act is only
enforced when a farmer employs
more than 10 individuals or main
tains a temporary labor camp.
However, Congress could at any
time provide funding for expanded
enforcement of the act
Employment of Youth
The Fair Labor and Standards
Act (FLSA) regulates the employ
ment standards for United States
workers. The act is administered
by the USDL and specifies what
work can be performed on the farm
and at what age. The USDL lists 14
hazardous farm occupations.
At any age you may deliver
newspapers to the consumer, act or
perform, or work for your parents,
except in manufacturing, mining
or hazardous non-farm jobs. Youth
age 10-11 may work not more than
8 weeks between June 1 and
October 15 for employers
approved by the Secretary of labor.
The work must be outside of
school hours and be limited to
hand harvesting short season
crops. Youth age 12-13 may work
outside of school hours in. non
hazardous farm jobs with their
parents written Consent They
may also work on a form where
their parents are employed. Age
14-15 youth are also limited to
non-school hours but may work at
any farm job that is non
hazardous. At age 16-17 they may
work any farm job at any time.
Anyone under age 18 not employ
ed by their own parents is required
to present an employment certifi
cate. At age 18 any job may be
worked at any time.
The PA Seasonal Farm Labor
Act
The purpose of this act is to
improve conditions of seasonal
farm workers. The statute excludes
those who commute from their
own personal residence to the
worksite. The act applies to any
farm labor employer of any sea
sonal farm worker.
The statute requires payment of
minimum wage and prohibits dis
crimination. It also requires specif
ic written records to be kept on
each employee and pay and work
records must be furnished to the
FLO-STARclaw
Bou-Matic®’s Flo-Star™ milking claw
improves milk flow for:
• Better cow health
• Faster milk throughput, and
• Better milk quality.
Bou-Matic engineers designed the Flo-Star claw so milk flows
smoothly and quickly out the bottom.
Less agitation equals less chance of milk “mist” carrying bacteria
among teats. So the Flo-Star claw can mean less mastitis spread at
milking.
MENDENHALL JONES-DAIRY
DAIRY SUPPLY SERVICE
Brookville. PA ' Medford, NJ
814-849-5539 . 609-267-0198
NORTH CENTRAL ZUG FARM & LANCASTER DAIRY
AG AUTOMATION DAIRY EQUIPMENT FARM AUTOMATION
Milton, PA Mifflintown, PA Manheim, PA
717-437-2031 717-463-2606 717-665-7300
employee. Under this act t&e
inspection of farm labor camps are
controlled as well as standards for
water supply and toilet facilities.
Federal Migrant and Seasonal
Agricultural Workers Protec
tion Act
This federal law encourages
compliance with the PA Seasonal
Farm Labor Act and requires a cer
tificate of registration to engage in
farm labor contracting activities.
PA Worker and Community
Right to Know Act
This act applies to ALL PA
employers. It requires a survey to
determine if any of the hazards
identified by the act exist in the
workplace. The general public is
given the right to inspect the
survey results through the PA
Department of Labor arid Industry.
In addition, employers must
post notices informing employees
of their rights under this act. The
employer must also provide educa
tional programs that cover essen
tial information for employees.
Occupational Safety and Health
Administration Hazard Com
munication Standard
This Act is similar to the PA
Right to Know Act, but on the fed
eral level. This act does not pro
vide for notification to the general
• Demand for beef stabilized in 1988 after a
nine year slide—per capita spending on beef
equalled $lB7, up 5% from 1987.
Futures Research Quarterly Report, 10/98, Shearson, Lehman,
Hutton.
• The consumer price of beef averaged $2.54
lb. in 1988, up 5% from 1987.
Futures Research Quarterly Report, 10/88, Shearson, Lehman,
Hutton.
• The producer price for beef has been at
strong levels almost continuously since Janu
ary 1987.
Livestock and Poultry Situation and Outlook Report, 2/24/89,
VSDA.
• Beers 57% share of Americans’ $3B billion
Foodservice expenditures were up ,2%.
Restaurants & Institutions with the Notional, Restaurant Associa
tion bnd Technomie, Inc.
Prove it to yourself by calling your
Bou-Matic dealer for a free, on-farm
W and J PRINGLE
DAIRY SALES FEED STORE
Oxford, PA Greenville, PA
717-529-2569 417-588-7950
public, only to employees.
i
Superfund Amendments and
Reauthorizatkm Act (SARA)
This Act requires notification to
local emergency planning commit
tees if the presence of hazardous
materials .exceeds certain levels.
Reporting requirements are also
established if any release of a
hazardous material exceeds EPA
standards.
Immigration Reform and Control
Act of 1986
All agricultural employers are
subject to this act It prohibits
employers from hiring illegal
aliens for employment in the US.
This act requires employers to
have EVERY EMPLOYEE who is
hired after May 31, 1987 (includ
ing even their own family mem
bers who are employed) sign an 1-9
form, and inspect the employee’s
identification. The completed
form must be retained for three (3)
years.
Would you like more
Information?
Contact your local equal oppor
tunity Penn State Extension Office
and ask for Circular 356 “State and
federal laws that apply to farm
labor”. It contains more detail on
the topics covered in this article
and provides addresses and phone
numbers for you to call for further
information.
demonstration.
AGRI SERVICE
Carlisle, PA
717-249-1195
TRI-STATE
FARM
AUTOMATION
Hagerstown, MD
301-790-3698