CORVALLIS, OR — Federal regulators want a higher court to hear their case for using the threat of letting perishable crops rot as a means of settling a case in which Oregon blueberry farmers allegedly hired people who worked off the book for less than the minimum wage. According to Capital Press, the U.S. Labor Department can use "hot goods" powers to block movement of perishable crops. In 2012, the agency used the threat to reach agreements requiring two farmers to pay $220,000 to settle the minimum wage allegations.
The farmers have disputed the wage allegations and challenged the settlement in court. They said they signed under duress without an opportunity to challenge the department's findings and would have lost millions if the agency blocked shipment of their blueberries.
In April, federal Judge Michael McShane agreed that the department's actions "threatened to cripple the growers" and threw out the settlements. Attorneys for Department of Labor have asked the judge to allow the 9th U.S. Circuit Court of Appeals to review that ruling.
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