Oregon berry farmers file suit against DOL
Several Oregon berry farmers have filed a suit against the Department of Labor after being forced to pay fines near $220,000 for labor violations in the summer of 2012. The farmers claim that they were coerced into the settlement when the DOL invoked the "hot goods" provision.
Under this provision, the DOL disallows sale of goods produced in violation of the Fair Labor Standards Act, including violation of minimum wage or overtime pay, as well as use of child labor. The farmers chose to pay the fines rather than let their fruit spoil, but now claim that they were denied due process in the proceedings. Their lawsuit asks the court to reimburse the farms the full amount of their fines.
DOL inspectors state they targeted the agricultural industry in the Pacific Northwest because of its long history of labor violations. In a court declaration, Richard Longo, regional agricultural enforcement coordinator for DOL's Wage and Hour Division, stated growers in the region pay flat piece rates that allow several workers to work under one name, encouraging the use of child labor and record-keeping violations.
Maintaining accurate time and attendance records can help to ensure that farmers remain in compliance with FLSA, as well as prevent the exploitation of migrant workers and child laborers.
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