Welcome to Effie's agBLOG:
A Bit About the agBLOGGER:
THE BEST THING...about being an attorney for agriculture is getting to know wonderful clients who are involved in a positive and important business which feeds the world.
MY ROLE IN AGRICULTURE IS...important to California consumers because I help agriculture businesses continue to produce their healthy products.
MY ROLE IN AGRICULTURE IS...unique because I have 25 years of experience in dealing with the legal issues which affect agriculture.
I'M MOST PASSIONATE ABOUT...helping farmers to profitably sell their products.
THE THING THAT HAS THE BIGGEST ECONOMIC IMPACT ON AGRICULTURE...is the over regulation of the methods of the production process.
I WISH...that the California consumers knew the time, effort and expense involved in producing quality produce for the public.
FEBRUARY 4, 2011
Justice may not often be swift, but sometimes it is right.
Ten years after the 2000 strawberry season, the California Supreme Court issed a historical and favorable ruling for agriculture on the issue of joint employment in agriculture business. This rulinlg is applicable to all California businesses involved in independent contractor relationships.
I had the rare opportunity to first draft a contract for a produce client and then litigate the import of the contract through victory in the California Supreme Court.
An article about this seminal case was recently published in the California Labor & Employment Law Review:
California Supreme Court Ruling:
California Supreme Court Clarifies the Definition of "Employer" in Minimum Wage Actions
FEBRUARY 3, 2011
After the collapse of several prominent produce shippers in California
in recent years, and the generally tough economic times, our firm is
often asked by growers to assist them in collecting money for their
produce. The following are tips to use before the produce is sold.
5 THINGS WHICH WILL HELP A GROWER COLLECT MONEY
- Obtain a license with the U.S.D.A. PACA Branch under the Perishable Agricultural Commodities Act (“PACA”), even if you only sell just your own produce. The PACA license gives you additional rights. Do I Need A PACA License? Apply For A PACA License
- Always include on your invoice the statutory reference stating that you preserve your PACA trust rights You can find this language in the PACA statute, 7 U.S.C. Sec. 499e(c)(4) here.
- Always include on your invoice a monthly interest charge for late payments.
- Always include on your invoice a right to reimbursement of attorneys’ fees and costs if you have to take collection action.
- Always require payment to be made in 30 days or less. You lose rights if your invoice states that payment can be made in more than 30 days.