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- Title
Unlocking The Farmhouse Gate: The California Case for Access Rights for Farmworkers Living in Employer-Provided Housing.
- Authors
Mathews, Cristina
- Abstract
Agricultural workers often live in housing their employers provide. These employers may block third parties from contacting workers in their employer-provided homes, including attorneys and other outreach workers. This Note reviews legal protection for outreach workers attempting to contact farmworkers at their homes, focusing on California. In many states, including California, neither statute nor caselaw explicitly guarantees the right of third parties to visit agricultural workers in their employer-provided homes. Courts in some states have addressed farmworker housing access rights directly. Some have found an access right based in First Amendment guarantees, while others have found that state constitutions, property law, or landlord-tenant law support access rights. The California Constitution, which provides more expansive protection of free speech and privacy rights than does the First Amendment, as well as landlord-tenant law and California public policy, compel robust protection for worker housing access rights in California. This note concludes with possible steps to assure vindication of this basic right.
- Subjects
AGRICULTURAL laborers; HOUSING laws; PROPERTY; RIGHT of privacy; FREEDOM of speech
- Publication
Berkeley Journal of Employment & Labor Law, 2019, Vol 40, Issue 2, p443
- ISSN
1067-7666
- Publication type
Article