Also known as: agricultural employer
Written by attorneys · grounded in primary & secondary sources — see below
Persons who recruit, solicit, hire, employ, furnish, or transport migrant or seasonal agricultural workers. The classification triggers obligations under federal labor statutes and exposes such employers to regulations authorizing third-party access to their property.
Kimberly owns a commercial greenhouse where seasonal workers harvest produce. A state regulation lets union organizers enter designated break areas for three hours each week during harvest. After eight consecutive weekly entries disrupt operations and reduce productivity, Kimberly sues claiming the mandated access constitutes a physical taking of her property.
Antonio Alvarado operates a large orchard and directly hires seasonal pickers each summer. He also arranges their transportation from nearby towns using company vans. Because these activities qualify him as an agricultural employer, he must comply with housing, wage, and disclosure rules that apply only to that category.
Select any source to read its text and confirm it supports the definition.
Recruiting, soliciting, hiring, employing, furnishing, or transporting migrant or seasonal agricultural workers qualifies a person or entity as an agricultural employer under the AWPA. Only farm labor contractors, a separate category, must register with the Department of Labor.
Yes. A regulation that authorizes intermittent but recurring physical invasions by union organizers appropriates the owner's right to exclude and therefore constitutes a per se physical taking requiring just compensation.
The classification identifies the property owners whose land is subject to access mandates. Courts then apply the per se physical taking rule to recurring invasions regardless of their brevity or the absence of permanent structures.