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Responding to Workplace Injuries:
Your Reaction Can Be Costly

By Alejandro Valle, Esq. * 

Employers should, of course, be very careful in how they respond to an employee's workplace injury. Recent developments in the law, at both the state and federal levels, have made this even truer than before.

Read more: Responding to Workplace Injuries

MSWPA Recruitment Case - Defines the term Recruitment under MSWPA

 

One of the provisions under the Migrant and Seasonal Agricultural Worker Protection Act that can be a problem for farm labor contractors and agricultural employers is the requirement to "disclose in writing terms and conditions of employment at the time of the migrant workers’ recruitment. The Department of Labor has interpreted the act of "recruitment" to be much broader than merely soliciting a person to come work for you. The case below describes what the term actually means and will relieve a lot of FLC and agricultural employers of unnecessary paper work.

Read more: MSWPA recruitment Case

US Department of Labor Inspecitons

According to Julia Belliard, APMA – Executive Director, Salinas based representatives from US DOL Wage and Hour Division informed her that starting the week of October 17, 2011 they are planning random inspections in the Salinas Valley area.

Read more: DOL Salinas Inspections

Free Book on Workplace Mediation

Mediators, human resource managers, farm employers and other interested individuals may obtain a free copy of the 321 page book Party-Directed Mediation (the author and acknowledgements page is missing). The focus of the publication is on the mediation of deep-seated interpersonal conflict, so the book may also be of interest to attorneys and therapists.

Read more: Free Workplace Mediation Book

What Makes a Great Supervisor

Farm Advisor, Gregorio Billikopf*, University of California has compiled a list of traits that make a Great Supervisor. Here is an explaination of how it came to be and the list.

Read more: What Makes a Great Supervisor

DOL Updates MSPA Worker Information Notice WH-516

The Department of Labor Wage and Hour Division has posted the updated Migrant and Seasonal Agricultural Worker Protection Act (MSPA) - Worker Information, Terms and Conditions of Employment form.  The previous version had an expiration date of 05/31/2011.  The new version extends the expiration to 6/30/2014. 

Read more: DOL WH 516 Updated

DOL Enforcement Database

Updated site includes increased search capabilities and visual enhancements

Read more: DOL Enforcement Database

DOL Requires Agricultural Employers to be Specific

July 07, 2011

The Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA) requires covered agricultural employers to disclose, in writing, certain information to prospective and current workers. The United States Department of Labor (DOL) enforces the requirements of MSAWPA. Current Western District of Michigan DOL enforcement activity interprets the disclosure requirements to require a higher level of specificity.

Read more: DOL WH 516 Inspecitons

Agency Inspection Checklists

Below are the checklists that are being used by the US DOL and the State EEEC for filed investigations in agriculture, according to Rob Roy, President of Ventura County Agricultural Association. Internal guidelines from inside the DOL on field investigations are being sought. Rob also reports that DOL is concentrating on employee transportation issues.

Read more: Inspection Checklists 2011