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Source: www.aspca.org

Source: www.aspca.org

The North Carolina House passed a bill Wednesday with the misleadingly simple title of “Property Protection Act.” The bill has also come to be referred to as the “ag gag” bill because it is widely understood to be targeted at silencing those who would record and publicize disturbing images or sounds from facilities used to raise and/or slaughter and process animals.

Under the bill, employers can sue any person (including employees) who gain access to “nonpublic areas” of their premises and who then, without authorization, record images or sounds and then use those recordings to breach their “duty of loyalty to the employer.”

Defenders of the bill, which included widely respected progressives like Rep. Rick Glazier, argued forcefully that the language of the bill is drawn in a very narrow fashion so as to protect whistle blowers and others who would expose wrongdoing or illegal activity. And indeed, the proposal includes references (both direct and indirect) to numerous anti-retaliation statutes and includes none of the criminal penalties that were present in previous “ag gag” proposals.

It’s also easy to envision compelling scenarios in which employers would be rightfully aggrieved at the idea of employees secretly recording and posting to the Internet the contents of, say, staff meetings or private strategy sessions.

That said, the bill as written still raises serious and nagging questions about freedom of speech and the public’s right to know important information. For instance, it appears that under the terms of the bill, an employee who becomes aware of inhumane or unsanitary (but not necessarily illegal) food preparation practices could be sued, silenced and ordered to pay damages if she recorded a video of such practices on her phone and publicized the recording. Similarly, an office worker who, for instance, records and publicizes the fact that his boss keeps a noose in his office along with some racist posters and literature would appear to be potentially liable for damages. Read More

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A grand jury in Greensboro last week handed down a 41 count indictment against the owner and operator of a firm that brings in foreign workers for temporary agricultural and non-skilled jobs in North Carolina and around the Southeast.  According to WRAL, the indictment charges Craig Stanford Eury and Sarah Farrell of International Labor Management Corp. with submitting fraudulent visa applications in an attempt to evade caps on the number of workers who can enter the country on H-2B visas and moving workers on agricultural H-2A visas into non-agricultural H-2B positions.

Much has been written about the problems with the H-2B and H-2B programs.  The Southern Poverty Law Center’s seminal report, Close to Slavery, details the exploitation at the heart of a “guestworker” system which ties workers to a single employer and provides no way for them, many of whom leave families year after year to perform thankless work in the U.S., to ever create a permanent home here.  The unfair treatment of U.S. workers who don’t get a fair shake at these jobs are described in Farmworker Justice’s No Way to Treat a Guest.  Hopefully those messages will not get lost in stories about an indictment that focuses on sleight of hand tactics to game a system that is, at its core, patently unfair to the workers (immigrant and U.S. citizen workers alike) who just want to support themselves and their families.