Bill Text: OR SJM7 | 2013 | Regular Session | Introduced

---

Bill Title: Urging Congress to require United States Department of Labor to adopt standard rules and procedures for enforcement of Fair Labor Standards Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJM7 Detail]

Download: Oregon-2013-SJM7-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 1466

                     Senate Joint Memorial 7

Sponsored by Senator GIROD

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Urges Congress to require United States Department of Labor to
adopt standard rules and procedures for application and
enforcement of certain provision of Fair Labor Standards Act.

                         JOINT MEMORIAL
To the President of the United States, the Senate and the House
  of Representatives of the United States of America, in Congress
  assembled, the Secretary of Labor and the Secretary of
  Agriculture:
  We, your memorialists, the Seventy-seventh Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas agriculture is an integral part of the economy of this
state and of the health, food security and heritage of residents
of this state; and
  Whereas agriculture relies on water, inputs, land and, most
importantly, dedicated and skilled workers; and
  Whereas skilled workers are the foundation of a healthy
agricultural economy at the state and local level; and
  Whereas seasonal agricultural workforce opportunities and
competitive wages are multiplied by the abundant diversity of
fruits and vegetables that can be grown in Oregon; and
  Whereas wages paid to workers should always be fair and
equitable wages, and opportunities for increased wages should be
made available according to the skill of each worker; and
  Whereas under no circumstances should wages be paid at levels
below what is legally required; and
  Whereas the existing and sufficient tools available for
investigation, identification and correction of wage and hour
violations up to and including back wages, civil penalties and
imprisonment should be sustained; and
  Whereas between the months of July and August 2012, the
Portland District Office of the United States Department of
Labor, Wage and Hour Division, engaged in an initiative to invoke
the ' hot goods' provision of the Fair Labor Standards Act (29
U.S.C.  215(a)(1)) in the agriculture industry; and
  Whereas the invocation or threat of invocation of the 'hot
goods' provision on perishable foods can be catastrophic to a
family farm, the farm workers and food produced in a year; and
  Whereas the initiative, as conducted by the United States
Department of Labor, halted the harvest season and halted the
ability of workers to make wages during a limited harvest season
on the farms involved; and
  Whereas during the initiative, employers were not provided
sufficient information regarding their rights and legal options;
and
  Whereas the initiative was carried out in a way that did not
demonstrate partnerships among the enforcement community,
employers and workers; and
  Whereas the initiative had a chilling effect on the
relationships among the enforcement community, employers and
workers and has jeopardized future employment opportunities with
competitive wages for Oregonians; and
  Whereas invocation of the 'hot goods' provision during the
initiative was conducted in a way that was, on its face, coercive
and extortive; and
  Whereas enforcement of all laws of the United States, including
the Fair Labor Standards Act, must occur according to procedures
and processes that provide the basic constitutional rights of due
process; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (1) The Congress of the United States of America is
respectfully requested to require the United States Department of
Labor to adopt standard rules and procedures for the application
of the 'hot goods' provision of the Fair Labor Standards Act (29
U.S.C. 215(a)(1)) that specifically speak to full disclosure of
employers' and workers' rights and when the application of the
provision is appropriate or not.
  (2) A copy of this memorial shall be sent to the President of
the United States, to the Senate Majority Leader, to the Speaker
of the House of Representatives, to the Secretary of Labor, to
the Secretary of Agriculture and to each member of the Oregon
Congressional Delegation.
                         ----------