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Agricultural labor is a vital a part of the hashish business however is one that’s usually sophisticated and generally misunderstood.  Below are solutions to some of the questions we generally get concerning agricultural labor.   

No Independent Contractor Exception 

In basic, there isn’t any automated exception that permits a enterprise to categorise a farm laborer as an unbiased contractor solely due to that individual’s work on a farm.  Even if it has traditionally been the observe of agricultural employees to work as unbiased contractors, that doesn’t mechanically imply that is an acceptable classification.  Whether a employee is an unbiased contractor, or an worker is all the time going to rely upon the employee’s precise job description and duties, and never on whether or not they’re working a farm or non-farm job. 

Determining whether or not a selected employee is an unbiased contractor, or an worker is usually a sophisticated evaluation that appears on the general relationship between the employee and the employer.  In basic, the rule comes all the way down to how a lot management the employer exerts over the employee.  If the employer has the appropriate to determine how, when and the place the employee does the job, the employee might be an worker.  If the employer is simply requesting an consequence and the employee has the appropriate to find out how the result is achieved, the employee is probably going a contractor.  That is a really simplified description, so if there are any questions on whether or not a specific employee is an worker or a contractor, it’s best to check with employment counsel for an evaluation. 

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Many employers choose to categorise their employees as unbiased contractors as a result of the price of employment compliance, reporting, and taxes could be fairly excessive.  Nevertheless, employees who match the definition of “employee” somewhat than “independent contractor” have to be employed as workers (and never contractors) or the employer dangers penalties from the state and federal employment and tax departments. 

Overtime  

In basic, agricultural labor goes to be topic to most of the identical employment legal guidelines as apply to some other worker within the state of Oregon, together with time beyond regulation.  The fundamental rule for time beyond regulation for workers in Oregon is that an employer should pay time and a half for all hours over 40 labored in every week.  However, each Oregon and federal regulation do present an exception for time beyond regulation for sure farm employees. 

Like the dialogue above, there isn’t any “automatic” exception simply because a employee is engaged on a farm or with farm items.  The exceptions are for particular jobs that happen on the farm, cultivating or dealing with that farm’s items.  That implies that a employee who performs solely discipline work might not essentially must be paid time beyond regulation, however a employee that splits their time between discipline work and say, web site design, might must be paid time beyond regulation for all hours labored over 40.  If there are any questions on whether or not any workers are topic to time beyond regulation guidelines, it’s best to check with employment counsel. 

Farm Labor Contractors 

Farm labor contractors could be one strategy to cut back the compliance prices of hiring workers, notably if the workers are short-term and transient, for instance, workers employed one time per 12 months for harvest.  Importantly, anybody bringing labor to a farm (aside from the proprietor), have to be registered with the state.  An inventory of registered firms could be discovered on BOLI’s web site (linked here).  When hiring a farm labor contractor, it’s best to ask to see their license, make a duplicate of it, and maintain the license on file. 

The farm labor contractor will probably be chargeable for wages, working hours, meal and relaxation break compliance and payroll.  Provided the labor contractor is licensed, any compliance points ought to stay with the labor contractor solely, and never movement by to the employer.  Although hiring a farm labor contractor might cut back administrative prices and a few employment legal responsibility, it might not stop all employment legal responsibility to the employer.  For instance, if the employer itself is discriminatory or the employer’s officers or managers have interaction in harassment, these liabilities would doubtless stick with the employer. 

 

If you may have any questions, please attain out to us at Green Light Law Group (503) 488-5424.

 

Source: http://portlandmarijuanaattorneys.com/2020/07/21/agricultural-labor/

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