Good Fruit Grower

February 15th

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else on request, complete pay records including the names, check numbers, and gross earnings for each employee, as well as the rate of pay—both hourly and piece work. The records should also show deductions to ensure they have not charged workers excessively for housing or transportation. If there are deductions, they need to be explained to the grower. Dan Fazio Workers' compensation and unemploy- ment insurance are both paid at the contractor's rate, not the grower's. Warling suggested growers ask for the information when they receive the invoice, and before paying it. That will eliminate problems of contractors who cannot pay their employees until they are paid by the grower. Grower responsibilities The grower also has some responsibil- ities, he said. The grower should clearly establish and negotiate the rate of pay, job description, and other terms of employ- ment with the contractor. Warling encountered one grower who tried to pay the labor contractor's employees less than his regular employees, to make up for the extra he had to pay the contractor. That doesn't work, Warling warned, because the workers have cell phones and will soon find out. Since the contractor is responsible for the employees, he or she needs to be noti- fied when pesticides are applied to the orchard so they know to keep the workers out. Some growers say they don't want the contractors to supply a supervisor because they want to use their own, but Warling said most of the time that will not work out, particularly if the contract employees are taking the jobs of the supervisor's friends or relatives. "As we move them from crop to crop, www.DelegateInsecticide.com 800-258-3033 ®Trademark of Dow AgroSciences LLC ©2010 Dow AgroSciences LLC. Always read and follow label directions. M38-359-001 (11/10) BR 010-42145 DAAGDELE0054 workers develop a relationship with the supervisor," he said. "You need to budget in a supervisor from the contractor." Warling said his employees can work to the grower's standards, as long as there is good communication and the chain of command is clear. "Any worker—I don't care how experi- enced—if they have three different people come by within an hour and a half and give them different instructions, pretty soon they will say, 'To heck with that. We'll do it any way we want,'" he said. • www.goodfruit.com GOOD FRUIT GROWER FEBRUARY 15, 2012 13

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