Recent articles about the H2A problem
http://kerry.senate.gov/contact/
http://scottbrown.senate.gov/public/index.cfm/contactme
http://www.mass.gov/?pageID=gov3utilities&sid=Agov3&U=Agov3_contact_us
http://www.malegislature.gov/People/FindMyLegislator
scott.soares@state.ma.us Commissioner of Agriculture
10/12/11: Here’s an update from New England Apple Council (NEAC) regarding the Liason Services:
Because of the US Department of Labor’s (DOL) intervention the insurance and saving program are gone and after NOvember 1st, there will be a much smaller liaison staff. We expect to see very little worker representation from JCLO. This is not helpful to the program but it is a further indication of the hostile nature of our USDOL. They, USDOL, have done a terrible disservice to the very people that they are required to protect. The law required them to protect both American Jobs and those working legally in the US. We need to tell everyone possible the damage they (USDOL) have done to a program that has worked well for over 65 years, and is the model that H2A legislation is based upon and now is without healthcare.
To further illustrate the above, the Jamaican government used to have a small administrative fee deducted from the worker’s pay which paid for the liaison officers (the folks who advocate for the Jamaican workers) and went into a health insurance pool. That will no longer be available…we’ve been fighting about who has health insurance and who is paying in the US for years and they actually found a way to take care of the administrative costs and healthcare with a 6% withholding. Just when it was determined that it was unjust for another country to withhold income from their workers, the US decided the guest workers had to file income tax here…would those count as withholding?
There are two bills on the House floor right now, both proposing to out the guest worker program in the hands of the Department of Agriculture. We feel this is our best hope right now (still, I’d just like to have all the existing workers handed work visas).
possible immediate solutions:
- grandfather existing farms and workers in the program
- a small business exclusion or small farm exclusion
- allow farmers to require the skills needed for the actual job
- ultimately fix the guest worker program (without all the extra nonsense they like to shove into bills) to ensure farms can get the help they need legally, and if the process was less daunting, or actually easy for the employer and employee, we might be one step closer to solving the illegal immigrant issue. The H2A program includes Mexico too – think about it.
Here’s a letter I sent to my Senator:
Thank you for taking the time to speak with me today.
The guest worker program has been under fire for several years. I can only assume the DOL keep passing regulation to stop gross injustice that may occur in rare circumstances, though I have never actually heard of any. Also, and I do not know why, the prevailing belief is there are tons of local, out of work folk, desperate for farm jobs and the H2A worker are stealing these jobs.
I would like to make the case that small farms are now being unduly punished for trying to hire help legally and obey the burdensome regulations, constantly changed not only by the DOL, but the state DCS, as well. These harsh requirements will only encourage more farms and employers to try to employ undocumented workers, or, in many cases I am hearing about this week, sell the farm and stop producing food for our Commonwealth. I am very worried that many farms will throw their hands up in despair and sell off before the government realizes what these restrictive measures have done.
It is also critical to point out that since we have been participating in the guest worker program for 20 years, and had the same workers return year after year, they are indeed a skilled workforce. It is ridiculous to argue that anyone is entitled to the job over a person who has worked here for 5, 10, 15…years. That is what we are to swallow now. If we have one single H2A worker here, we must hire every single person that applies for a job at the farm. In years past, as long as we had hired local workers who applied for the posted contract position, we were able to reject new applicants. We are now informed by the DOL, that under the new interpretation of the 50% rule, we cannot reject anyone. I argued that we were exempt under a small business exemption, but that was rejected, as well.
Farms struggle as it is. I would more readily accept this “interpretation of the rule” if we were hiring new workers…but to suggest we send home our seasoned labor and start all over is simply untenable. We also cannot hire everyone that is referred to our farm. AND, for that matter, why is it good business to have to hire any referral halfway through a work contract. Under that logic, we would have had to spend days or weeks training employees, only to have to let them go and start all over again mid season – at the busiest time. This would not be suggested for a single other business and it is outrageous that it is forced upon the small farm.
Why is the small family farm in New England so villainized?
Why does anyone think that there are tons of unemployed clambering for farm jobs and the farmers deny them so they can go through harrowing inspections, loads of paperwork, DOL audits, and high expense to bring H2A workers up?
Please don’t wait until the farms who depend on legal migrant workers give up.
John Young, Executive Director for New England Apple Council (603-497-4828) and the National Council for Agricultural Employers can add so much more to this discussion. Here is a link to the latest NCAE news brief http://www.ncaeonline.org/news_briefs/2011/NB-15-04.15.2011.pdf
Today we are informed that we must hire three referrals for a March job order, and despite hiring three local men already. My husband, Glenn, is tired of stressing every year about whether we will get our help, and at what cost. I fear we too will add our voices to the other unheard cries for reason, compromise, sanity…and we too shall sell the family farm.
Thank you for your consideration.
Sincerely,
Here’s a letter someone sent already – please change it up a little to personalize:
I am writing to you today because I am an avid supporter of local farms and local food. I am disheartened to hear of the devastating changes being made to the H2A program, the legal course for hiring foreign labor to fill seasonal jobs.
This year, the DOL, after delaying all the H2A workers for over a month, is now requiring local farmers to hire every single person who applies for a job, as long as they have one H2A worker employed. There are many flaws with this expectation.
I would like to share an example, a local farm that my family depends on for our local food. It is my understanding that the employer/farmer fills out a job order and files it with Division of Career Services DCS (state) and Department of Labor DOL(federal) 60 days before the date of need. Both of these agencies review the application and decide whether to grant clearance for foreign workers. Meanwhile, the job is posted in all the DCS offices and farmers are required to advertise the job in the local town paper, as well as, Puerto Rico, Pennsylvania and New York (local?). This farm has used H2A workers for 20 years, under this new expectation is required to hire every single referral from the DOL—unless they withdraw from the program, which would mean terminating the valued, Jamaican workers with 20 years of experience. If they bring back their valued, trained, experienced workers, whom they know and trust, all whom have built relationships, the farm will be forced to add additional workers to meet this new arbitrary requirement. This will add a huge financial burden as well as numerous logistical problems to the farm.
This local farmer hires local people, who apply for jobs, equal to the number of H2A workers they have employed. They always seek local workers and have many valued local workers who have been with them year after year. However they also value the H2A, Jamaican workers and want to keep their expertise.
The government created the H2A program. Farmers committed to and built their operations around this program over twenty years ago. It has been working for the farmers—and for the workers. It has allowed farmers to do what they love, preserve our land, and produce fresh, healthful food for our community. It has given long-term, reliable income to hard-working, dedicated people.
I understand there have been many reasons and much effort to overhaul the Guest Worker Program, but perhaps reforms could start by grandfathering in farmers and their staff who have successfully worked within the program here for years?
Why are the efforts directed at changing the rules and jeopardizing the livelihood of so many when there is no problem? It would be unconscionable to have these changes force local farms out of business.
I ask that you use the resources of your office to protect these farms, farmers and workers.
Regards,
another letter
Presumably the new H2A laws are designed to encourage hiring of local people. But the Stillmans, and most local farms, do hire many locals. There simply is not enough skilled local labor, and they still need their trained workers.
Local agriculture is at the core of what I love about MA. These small businesses farm sustainably, in a way that is healthy for the environment and the local economy. I want to continue to buy my meat and produce from small local farms rather than distant big agribusiness.
Please work to cut through the H2A red tape so our local farms can continue to hire the foreign workers they rely on.
Thank you,
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