Court Ruling Wrap Up

Court Ruling Wrap Up. I’m Greg Martin with today’s Fruit Grower Report.

Last week a judge released a ruling that 4th amendment rights do not extend to fields and orchards opening the door for unannounced visits to workers. Dan Fazio, Washington Farm Labor Association.

FAZIO: This was a hearing on an application for a temporary restraining order, and I would not expect this ruling to stand up or become precedent, but it is a bad ruling for farmers and construction companies and anyone else who works outside.

But Fazio says there is some good news for producers.

FAZIO: WAFLA has a management briefing posted on our website – www.wafla.org - that tells farmers how they should respond in the case of a DOL audit.  And I think that the agency is going to want to follow these simple common sense procedures as well – they don’t want to have to go to court every time they do an inspection. 

He says there is a still huge question about whether the agency even has the right to enter any building like a packing house. 

FAZIO: In my opinion, the judge here is trying to be fair to both sides, but you know the old adage, you can’t split the baby or something like that.  So I think the judge is trying to tell farmers and the agency that they need to reasonable, and that is the procedure that WAFLA has on its website are good ones to follow.

That’s today’s Fruit Grower Report. I’m Greg Martin on the Ag Information Network.