Proposed Changes To H-2A Might Not Be So Great for Workers After All
The Department of Labor (DOL) and Department of Homeland Security (DHS) have recently released new rules which they assert will strengthen protections for H-2A workers and increase their ability to monitor compliance.
This comes as users of the program still face uncertainty from previous rule changes and the challenge of a 14% increase in the Adverse Effect Wage Rate that went into effect earlier this year. The proposed rules for H-2A will further complicate a program in which producers already struggle to stay ahead of compliance and rising costs of administering the program on their farms.
Of particular concern, the new rules seek to expand organized labor’s access to both farms and employee/employer’s private information. Aside from the obvious privacy issues, the rules seem to contradict a 2021 decision from the U.S. Supreme Court which found that providing activists to farms was unconstitutional.
In a statement from the National Council of Agriculture Employers (NCAE), CEO Michael Marsh strongly condemns the overreaching proposal. “DOL’s own data indicates that unfortunately some employers do not follow the lead of NCAE’s members,” he says. “Their data indicates that 5% of agricultural employers account for 95% of the violations uncovered in investigations. These 5% are not NCAE members. Perhaps it is in this noncompliant subset of employers that WHD feels they had license to attack near unanimously compliant employers.”
We at the Georgia Fruit and Vegetable Growers Association (GFVGA) agree with NCAE. The new rules will further harm farmers who are already struggling to work within the layers of complex regulations. GFVGA continues to work to provide meaningful reform to the program that help growers provide a safe and healthy work environment while providing a reliable workforce to help us bring fresh fruits and vegetables to the American public.
The ever-changing state of play in ag labor highlights the value of the upcoming Georgia Ag Labor Forum. Designed for professionals involved at any level of ag employment, conference attendees will hear directly from the agencies who are crafting the program rules and industry professionals who know how these changes impact work on the farm.
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