One of the issues we’ve seen over the years with gins using the H-2A program is the exposure using an FLC brings to an already complicated situation. Gins, as the only private processor to be able to use the H-2A Program, are different from farmers in many ways such as the divers jobs we have, being subject to overtime and a partial overtime exemption.

The easiest way to take advantage of the H-2A program is by using a third-party Farm Labor Contractor or FLC. FLC’s can put crews in many locations and often provide as much labor as necessary. The service the provide is great. The problem is that they are often not familiar with the peculiarities that go along with cotton gins. Using FLC’s can also expose the fixed site employer (the gin) to any of the mistakes the FLC makes such as not paying overtime properly, or other issues.

We understand the issues facing our industry in finding labor. If you’re using an FLC either with or without the H-2A program we encourage you to educate yourself on the issues associated in using them the exposure you can have.

Our friends at Fisher and Phillips will be hosting a webinar on the use of FLCs and their relationship with farmers. This is not targeted at gins but will highlight how things can go wrong and how to make sure you know your exposure and how to have the best relationship with your FLC. The webinar will be on Tuesday July 8 at 3 PM eastern time. The site is in Pacific Time because the attorney presenting is in California.

To Register… Please go to : https://www.fisherphillips.com/en/news-insights/agricultural-webinar-series-or-grower-flc-relationship-101-compliance-challenges-and-risk-mitigation.html

DSF