An Argument for a Vicarious Liability Standard for Agricultural Employers and Associations for the Acts of Contractee Farm Labor Contractors: an Addition to the Migrant and Seasonal Agricultural Worker’s Protection Act of 1983ExpressO (2012)
AbstractMuch of the federal law that has been passed to protect seasonal and migrant agricultural workers has been circumvented by Agricultural Employers and Associations who contract out their labor, and thus, many of their obligations to Farm Labor Contractors. Because these Farm Labor Contractors are considered independent contractors, seasonal and migrant agricultural laborers are required to enforce their rights under federal law against these contractors who can be either transient or judgment proof, while the Agricultural Employer or Association who hired the contractor escapes liability entirely. The focus of this paper is to present the case for a different legal interpretation of the agency relationship that exists between Farm Labor Contractors and those that employ them. This new interpretation which focuses on the Migrant and Seasonal Agricultural Worker Protection Act of 1983, would, in effect, allow those designated as seasonal and migrant workers to enforce their rights under federal law against the Agricultural Employers and Associations as well as their contractee Farm Labor Contractors. In support of this new interpretation, both the working conditions of seasonal and migrant workers as well as the historical context behind federal legislation targeting such workers are examined.
- seasonal worker,
- migrant worker,
- farm labor contractor,
Publication DateNovember 18, 2012
Citation InformationAndrew Leibfried. "An Argument for a Vicarious Liability Standard for Agricultural Employers and Associations for the Acts of Contractee Farm Labor Contractors: an Addition to the Migrant and Seasonal Agricultural Worker’s Protection Act of 1983" ExpressO (2012)
Available at: http://works.bepress.com/andrew_leibfried/1/