The marketers didn't hire, fire, supervise or control the farmworkers. The marketers did not set the farmworkers' hours or wages or tell them when or which fields they were to harvest. The appeals court also found that the farmworkers were not involved in the marketer's usual course of business. These issues were the sole responsibility of the growers. For employers, the lesson to be drawn from this case is that you need to be aware of the potential for " joint employment " to be asserted, and to protect yourself from that potential liability. Be certain that any contracts you enter never give you the right to control or direct the contractor's employees. You would hate to be left at the mercy of a broken clock. Michael Marsh has led the National Council of Agricultural Employers since 2017. A Wyoming native and certified public accountant, Marsh worked for a CPA firm with farm and ranch clients investigating fraud. He was director of finance for the Almond Board of California for 7 years and for 15 years was CEO of the largest U.S. dairy producer trade association. FRUITGROWERSNEWS.COM | 33http://seregionalconference.com http://www.FRUITGROWERSNEWS.COM