NEWS RELEASE: Avakian Applauds 9th Circuit Decision to Protect Farm Workers

[Kate Newhall]

Press Release
For Immediate Distribution
April 13, 2011
CONTACT: Kate Newhall, 503-467-1665

                           Avakian Applauds 9th Circuit Decision to
Protect Farm Workers
             Decision affirms position taken by BOLI in amicus curiae
brief filed before the court.

PORTLAND – Commissioner Avakian applauded the 9th Circuit court decision
yesterday to protect the rights of farm workers forced to pay the cost
of housing after being relocated to Oregon.  The decision affirmed
BOLI’s position, taken in an amicus curiae brief, that when Bear
Creek recruited approximately 350 workers from Arizona to come to Oregon
for a month long harvest season, workers could not be charged for the
housing provided.  The payroll deductions, that dropped workers wages
well below the state’s minimum wage, were found by the court to be
unlawful.  

“This decision affirms BOLI’s position and protects farm workers who are
relocated for temporary work,” said Commissioner Avakian.  “We wouldn’t
expect someone sent out of town on a business trip to pay their own
hotel costs any more than we should expect farm workers brought from
out-of-state to pay their own lodging costs.”  

The 9th Circuit decision relied heavily on the amicus curiae brief filed
on behalf of the Bureau of Labor and Industries. A critical issue in the
case was an administrative rule adopted by BOLI regarding employer
charges for lodging, meals and other services.  Because interpretation
of this rule was a centerpiece of the case, the Bureau had an obvious
interest in the correct judicial interpretation of its rule.  In the
brief, the Bureau argued that the housing provided was not for the
“private benefit” of the employees and, as such, employees could not
be charged. The court agreed and found that because Bear Creek was
unable to recruit sufficient labor in the local area during peach and
pear harvest, and that local housing is not available for employees
coming from the outside area, its workers could not be charged for the
housing provided. 

“We applaud the Commissioner’s leadership in filing what turned out to
be a pivotal amicus brief,” said Attorney General John Kroger.  “The
Court’s decision upholds the rights of farm workers and sets a precedent
for protecting vulnerable workers brought in from out-of-state.”

The Bureau of Labor and Industries defends the rights of workers and
citizens to equal, nondiscriminatory treatment in workplaces, housing
and public accommodations and encourages and enforces compliance with
state laws relating to wages, hours, and terms and conditions of
employment. The bureau also partners with business and labor
organizations to build a skilled workforce in Oregon and trains
employers to understand and comply with civil rights and other labor and
employment laws.

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