by Mark I. Schickman
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When you see the packages of strawberries in the produce department, you probably don’t consider whose employees grew, packaged, and shipped them. The court of appeal recently had to consider whether farmworkers work for an individual employer or a joint employer.
Are Growing and Selling Fruit the Same Business?
A group of farmworkers who harvested strawberries in Santa Barbara County, California, in 2016 and 2017 filed a lawsuit alleging a series of wage and hour violations. They were hired by strawberry growers to pick the fruit that was then turned over to marketers Red Blossom and Better Produce, who cooled and sold the berries principally to large retail grocery chains. They conducted the cooling and distribution operations on premises close to but separate from the farms.
The marketers entered into yearly marketing and sublease agreements with the growers, which specified that the land would be used only to grow strawberries and that they retained the exclusive right to sell the strawberries to their retail customers. The growers were responsible for preparing and cultivating the land and for supervising and controlling the harvesters.
The marketers provided the growers with packaging materials,...
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