Agricultural Risk Management Originally published in . . . They focused most on the potential liabilities for labor law violations that growers may face as joint employers when doing business with contractors. Whether or not clearer than the old definition, in Bogart's opinion, the new one broadens the range of circumstances in which growers are to be considered joint employers of an FLC's employees. The joint employment doctrine can crop up in litigation beyond wage issues, according to Bogart, and there is no telling for sure when it will apply.
Lawyers argue among themselves, and courts with courts, about what constitutes joint employment.
Different agencies sometimes use the same terms to mean different things. Both Bogart and Hall believe that written agreements between growers and contractors, although still uncommon, are wise to have. Bogart pointed out that representatives of regulatory agencies are willing to participate in seminars with industry associations throughout California. Compliance with basic employee-protective regulations goes a long way, though, in keeping many of these problems under control. He mentioned that age discrimination and sexual harassment complaints with the California Department of Fair Employment and Housing have become increasingly frequent.