EEEC Targeting Agricultural Businesses (2/4/08)

The EEEC has issued 26 citations for violations of wage-and-hour and safety laws. Wage-and-hour violations include: (1) failure to pay minimum wage; and (2) failure to provide meal and rest breaks. Safety violations include: (1) operating tractors with defective seat belts; (2) inappropriate operation of driverless tractors; (3) failure to provide adequate tools for hand weeding; (4) failure to provide adequate toilets on site; and (5) failure to maintain drinking water close to work areas.

Although the recent raids have been located in Riverside and Imperial counties, they may signal a broader effort to bring enforcement actions on a statewide level.

The EEEC includes members of both state and federal agencies, and enforces a wide variety of federal and state laws on labor, employment, and licensing. The EEEC includes representatives of the California Labor Commission, Division of Occupational Safety and Health (CAL/OSHA), the Employment Development Department, the Contractors State License Board, and the U.S. Department of Labor.

Counsel to Management:

Employers statewide must promptly evaluate their policies and practices to ensure compliance with laws which govern wages, rest breaks, and safety and health conditions. Instruct management and supervisory personnel to immediately confirm that all worksite conditions are up to code, with safe equipment, clean and functional toilet facilities, and adequate water and other health-related conditions. If necessary, consult with experienced counsel to ensure that employment policies are comprehensive in coverage, and adequately and consistently enforced.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.