Agriculture Reference
In-Depth Information
Act, setting minimum sanitary standards that farmers and others must meet when
housing their employees.
It is important that when a state law governing workplace conditions differs
from a federal law, the law that provides more protection or a higher standard ap-
plies. Thus, contrary to the OSHA small-farm exemption, California law does not
exempt farms with 10 or fewer workers from occupational safety regulation by
the California Division of Occupational Safety and Health (known as Cal/OSHA).
Similarly, young child workers in the state are required to present prospective
employers with currently valid work permits, signed by both local school authori-
ties and a parent, to be eligible for employment. And California's state minimum
wage, $7.50 per hour at this writing and scheduled to increase to $8.00 per hour
on January 1, 2008, is applicable to all hired workers, including those employed
on farms.
In contrast, California law regarding overtime pay in agriculture, although
stricter than the federal provision excluding farm laborers, specifies compensation
at 1.5 times the regular pay rate only on the seventh day after six consecutive 10-
hour days of work. Virtually all other workers in California qualify for overtime
pay after 8 hours of work on any day.
A comprehensive summary of federal and state laws governing hired farm
workers was published in 1988 (Craddock, 1988). A number of new laws and
regulations affecting farm labor workplaces in recent years make portions of that
review outdated. There is no comparable review of law and regulation governing
the forestry and fishing industries.
OTHER FEDERAL LAWS GOVERNING WORKPLACE CONDITIONS
IN THE AGRICULTURE, FORESTRY, AND FISHING SECTOR
A number of other federal laws that govern workplace conditions authorize
additional agencies to maintain compliance oversight of some AFF worksites.
The U.S. Environmental Protection Agency, under the federal Worker Protection
Standard, is responsible for ensuring safe workplace conditions when dangerous
pesticides are mixed, loaded, or applied. The Migrant and Seasonal Agricultural
Worker Protection Act (MSAWPA) authorizes the Department of Labor (DOL)
to promote and enforce regulations covering a variety of workplace conditions,
including transportation to and from work that is provided by farm employers
or their agents, farm labor housing provided by farm employers or their agents,
registration of farm labor contractors and their agents, and notice to workers of
their rights and responsibilities under U.S. law. 3
3 Cf. 29 CFR Parts 500-501.
 
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