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Publication #FE390

 

2009 Handbook of Employment Regulations Affecting Florida Farm Employers and Workers: Introduction1

Fritz Roka, Michael Olexa, Katherine Smallwood, Leo Polopolus, and Carol Fountain2

Introduction

This handbook is intended to provide a convenient reference to the major provisions of the several state and federal regulations that affect farm employers and employees. It reflects state and federal laws as of July 1, 2009, only as they apply to farmworkers and not to workers considered non-agricultural. Its purpose is simply to focus employers and employees on the fundamental provisions of the laws which govern their relationships.

For the purposes of this handbook, the definition of farmworker is taken from the United States Department of Labor's Bureau of Labor Statistics' Occupational Outlook Handbook for 2008-09 (http://data.bls.gov/cgi-bin/print.pl/oco/ocos285.htm). A farm or agricultural worker (farmworker) is one who is paid for work performed on crop and/or livestock operations. Farmworkers may work for piece rates or be paid an hourly wage. Farmworkers may work part-time, seasonally, or full-time. They may perform manual labor, operate equipment, or supervise other farm personnel.

The handbook is divided into sections to cover specific labor laws and regulations. The online EDIS version allows a reader to hyperlink to the EDIS document discussing the particular issue of interest (http://edis.ifas.ufl.edu, documents FE390–FE423). Note that documents are categorized by subject and by jurisdiction (state and federal). Given the nature of government bureaucracy and the subject of labor law, many acronyms are used by professionals with the labor law community (a list of commonly used acronyms follows the Table of Contents).

The Handbook of Employment Regulations Affecting Florida Farm Employers and Workers does not and should not substitute for specific technical advice from responsible state and federal agencies, knowledgeable grower associations, legal agencies, or other experts in the agricultural labor law field. This handbook makes no attempt to cover all aspects of specialized agricultural labor and safety law (e.g., logging and/or forestry operations).

This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice and the information contained in this handbook should not be regarded or relied upon as a substitute for professional advice. This handbook is not all-inclusive in providing information to achieve compliance with laws and regulations governing the practice of agriculture. For these reasons, the use of these materials by any person constitutes an agreement to hold harmless the authors, contributors to the handbook, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this handbook.

Table of Contents

These documents can be accessed by clicking on the links above.

List of Acronyms

  • ADA -- Americans With Disabilities Act

  • ADEA -- Age Discrimination in Employment Act

  • CDL -- Commercial Driver's License

  • CFR -- Code of Federal Regulations

  • CMV -- Commercial Motor Vehicle

  • DBPR -- Department of Business and Professional Regulations

  • DEP -- Department of Environmental Protection

  • DOL -- Department of Labor

  • DOT -- Department of Transportation

  • EAO -- Employees Assistance and Ombudsman

  • EEOC -- Equal Employment Opportunity Commission

  • EHS -- Extremely Hazardous Substances

  • EPA -- Environmental Protection Agency

  • EPCRA -- Emergency Planning and Community Right-to-Know Act

  • ETA -- Employment and Training Administration

  • FDACS -- Florida Department of Agriculture and Consumer Services

  • FFVA -- Florida Fruit and Vegetable Association

  • FIFRA -- Federal Insecticide, Fungicide, and Rodenticide Act

  • FLC -- Farm Labor Contractor

  • FLSA -- Fair Labor Standards Act

  • FMLA -- Family and Medical Leave Act

  • GED -- General Education Diploma

  • ID -- Identification

  • IRCA -- Immigration Control and Reform Act

  • IRS -- Internal Revenue Service

  • MRO -- Medical Review Officer

  • MSDS -- Material Safety Data Sheet

  • MSPA -- Migrant Seasonal Agricultural Worker Protection Act

  • OSHA -- Occupational Safety and Health Act

  • PTO -- Power Take-Off

  • REI -- Restricted Entry Interval

  • RQ -- Reportable Quantity

  • TJTC -- Targeted Jobs Tax Credit

  • TPQ -- Threshold Planning Quantity

  • UC -- Unemployment Compensation

  • USC -- United States Code

  • USCIS -- United States Citizenship and Immigration Service

  • USDL -- United States Department of Labor

  • WARN -- Workers Adjustment and Retraining Notification

  • WC -- Workers' Compensation

  • WOTC -- Work Opportunity Tax Credit

  • WPS -- Worker Protection Standard

Footnotes

1.

This is EDIS document FE390, a publication of the Department of Food and Resource Economics, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL. Published July 2003, revised December 2009. This information is included in Circular 1200, Handbook of Employment Regulations Affecting Florida Farm Employers and Workers. First published February 1992 as Circular 1043. Revised December 2002 as Circular 1200. Please visit the EDIS website at http://edis.ifas.ufl.edu.

2.

Fritz Roka, associate professor, Food and Resource Economics Department, University of Florida, Southwest Florida Research and Education Center, Immokalee, FL; Michael Olexa, professor, Food and Resource Economics Department, University of Florida, Gainesville, FL; Katherine Smallwood, student, Levin College of Law, University of Florida, Gainesville, FL; Leo Polopolus, professor emeritus, Food and Resource Economics Department, University of Florida, Gainesville, FL; and Carol Fountain, editor, Food and Resource Economics Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL.

This document is designed to provide accurate, current, and authoritative information on the subject. However, since the laws, administrative rulings, and court decisions on which it is based are subject to constant revision, portions of this publication could become outdated at any time. This publication is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice, and the information contained herein should not be regarded as a substitute for professional advice. For these reasons, the utilization of these materials by any person constitutes an agreement to hold harmless the authors, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this publication.

The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other extension publications, contact your county Cooperative Extension service.

U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Nick T. Place, Dean.