Reyes v. Remington Hybrid Seed Co., Inc.

495 F.3d 403 | Court of Appeals for the Seventh Circuit | 2007

remandedCited 25 timesBATTLE_TESTEDTexas
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What This Case Means for Subcontractors

A seed company was held jointly liable for wage violations committed by a labor recruiter who hired migrant workers for detasseling and rogueing work. The court found that because the work was integral to the company's business, performed on its property with its equipment and supervision, the company was a joint employer responsible for wages and working conditions. This matters to construction subcontractors because it shows that general contractors can be held liable for labor law violations by their subs, even if a separate entity recruits and manages workers.

Key Takeaways

  • If work is core to your business and happens on your property under your supervision, you may be a joint employer liable for wage violations by labor brokers or subcontractors—even if you didn't directly hire workers.
  • Ensure your subcontracts and labor agreements clearly define who is responsible for wages, housing, transportation, and compliance with FLSA and AWPA to avoid being dragged into wage claims.
  • Document that subcontractors have independent business capacity (their own equipment, ability to work for others, control over operations) or you risk being deemed a joint employer and liable for their violations.

Remington must be deemed the workers' employer for events that occurred in the fields.

Court of Appeals for the Seventh Circuit, 2007

Frequently Asked Question

Can I be held liable for wage violations if a subcontractor or labor recruiter fails to pay workers?

Yes, if the work is core to your business, performed on your property with your equipment and supervision, courts may hold you jointly liable as an employer. To protect yourself, use clear subcontracts that assign wage and compliance responsibility, verify the subcontractor has independent business capacity, and maintain documentation showing the subcontractor controls hiring and pay decisions.

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