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Agrilaw
Fianl
| Question | Answer |
|---|---|
| What is agricultural law? | Law of exceptions |
| What are the four major federal farm labor statutes? | 1. Migrant and Seasonal Worker Protection 2.The Fair Labor Standards Act 3.The Occupational Safety and Health Act 4.The National Labor Relations Act |
| What does MSAWPA stand for? | Migrant and Seasonal Agricultural Worker Protection Act |
| What does FLSA stand for? | Fair Labor Standards Act |
| What does OSHA stand for ? | Occupational Safety and Health Act |
| What does NLRA stand for? | National Labor Relations Act |
| When was the MSAWPA enacted? | 1983 |
| What was the name of the predecessor of the MSAWPA known as ? | The Farm Labor Contractor Registration Act of 1963 |
| What two types of agricultural employees does the MSAWPA protect? | 1. Migrant Agricultural Workers 2.Seasonal Agricultural workers |
| What is the definition of migrant agricultural workers under the MSAWPA? | Persons engaged in agricultural employment of a seasonal or temporary nature who are required to be away overnight from their permanent residence |
| What is the definition of a seasonal agricultural worker under the MSAWPA? | Persons employed in specific agricultural employment of a seasonal or temporary nature, but are not required to absence from their permanent residence overnight. |
| What are the two sub-groups under seasonal agricultural workers? | 1. Workers employed on a farm or ranch performing field work regardless of how they travel to and from work 2.Workers employed in canning,packing,seed conditioning, but only if transported to and from the place of employment by a day-haul operation |
| What is the definition of day-haul operation? | the assembly of workers at a pick-up point waiting to be hired and employed, transportation of workers to agricultural employment, and the return of workers to agricultural employment, and the return of such workers to a drop-off point on the same day |
| MSAWPA requires employers of migrant or seasonal workers to comply with what certain requirements? | 1.Provide info on the place of employment 2.Provide info on wage rate 3.Provide info on the crops and activities in which they are employed 4.period of employment 5.benefits to be provided to employment such as transportation,housing, or employee bene |
| All information must be disclosed at the place of recruitment to s.a.w recruited through day-haul ops.;must place poster in conspicuous place that sets out rights and protections under MSAWPA; and Info given in common language are requirements of | The MSAWPA: Workers Protection |
| What does the Fair Labor Standards Act of 1938 (FLSA) cover? | FLSA covers a broad array of employment areas throughout the agricultural and non-agricultural U.S.economy: 1.Minimum wage 2.Overtime wages 3.Child Labor Laws 4.Record keeping requirments |
| Does FLSA apply to everyone? | NO it does not equally apply to every agricultural employers |
| What is the definition of Agriculture under the FLSA? | famring and all its branches, raising livestock or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjuction with such farming operations. |
| What are the FLSA exemptions for Minimum Wage? | Doesn't apply to employers who? 1. did not use more than "500-man days" of ag labor during any calendar quarter of the preceding calendar year. |
| What is a "man-day"? | any day during which an employee performs at least one hour of agricultural labor |
| The "500 man-day" requirement does not apply to : | 1.immediate family members of the ag'l employer 2.Hand harvesters that are paid on a piece rate 3. employee primarily engaged in the range production of livestock |
| What are the FLSA exemptions for Overtime Pay? | as a general rule, all employee" employed in agriculture" are exempt from the overtime wage requirements under FLSA |
| What are the FLSA exemptions for Child Labor | -FLSA allows agricultural employers to hire children that are below the age allowed in other industries |
| What three categories of exemptions for agricultural employers does the FLSA allow? | -Children 14 and under can be hired outside of school hours -children 12 and 13 can be hired with parental permission -children under 12 may be hired on their parents farm or with parental permission on a farm that falls below the 500 man-day requiremen |
| Who does OSHA apply to ? | applies to the agricultural and non-agricultural industries |
| What does OSHA require employers to provide? | requires employers to provide employees with employment and a workplace that is free from recognized hazards that could cause death or serious injury |
| How does OSHA apply to agriculture? | It applies in several ways including: 1.Temporary labor camps 2.Tractor rollover protection 3.Field Sanitation 4.Logging operations 5.storage of anhydrous ammonia |
| What are the two important exceptions to OSHA? | 1. Immediate family members of the employer and not considered employees 2.Does not apply to employees in operations that have had 10 or fewer employees(excludes family members) within the last 12 months |
| What does the National Labor Relations Act of 1935 protect? | the rights of workers throughout all U.S. industries to participate or not participate in organizations that attempt to collectively bargain for the mutual aid and protection of workers |
| Who is specifically excluded from the protection of the NLRA? | Agricultural laborers |
| What is the farm bill? | the popular, generic term given to the federal omnibus agricultural legislation, usually enacted every four to seven years. |
| What is omnibus legislation? | a collection of legislative measures grouped into a single measure |
| What is the name of the current farm bill? | Food,Conservation,and Energy Act of 2008 |
| What are Farm programs? | also known as commodity programs involves support to growers of selected farm commodities,including wheat, feed grains,cotton,rice,oilseeds,peanuts,sugar, and dairy occurs largely through direct payments,counter cyclical payments and marketing loans |
| What are two predominant factors affecting the overall farm bill debate? | 1.Federal Budget 2.Trade negotiations and commitments |
| What is the name of the 1996 Farm Bill? | The Federal Agricultural Improvement and reform act |
| What is the name of the 2002 Farm Bill? | The Farm Security and Rural Investment Act of 2002 |
| What is the WTO? | the international organization responsible for global rules governing trade among nations and primarily serves to ensure that trade between member nations flows as smoothly, predictably, and freely as possible |
| What does WTO stand for? | World Trade Organization |
| What was the predecessor to the WTO? | GATT |
| What does GATT stand for? | General Agreement on Trade and Tariffs |
| When was GATT created? | 1947 |
| What is GATT? | GATT was the provisional multilateral instrument that governed international trade from 1948 to January 1,1995 |
| What is the Uruguay Round ? | happened from 1986-1994 -multilateral trade talks under GATT designed to open world agri market |
| What is the name of the current round? | Doha Round |
| What did the Uruguay Round culminate? | -Agreement on Agriculture -Established the WTO |
| What main 3 areas did the AoA cover? | 1.Market access 2. Export subsidies 3.Domestic Support |
| What is the goal of the AoA? | to reform international trade in the ag sector and to make agricultural policies more market oriented. |
| What two types of domestic support does AoA recognize? | 1.trade distorting 2.non-trade distorting |
| What can trade distorting and non-trade distorting be classified in ? | 3 boxes: Amber Blue Green |
| What does the Amber box include | all domestic support considered to distort production and trade includes support that is considered to be a price support or support that is tied to production support that is coupled |
| What does the Green Box include | general criteria is that the support must have no trade distorting effects or effects on production |
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