Winegrape Growers of America – National Council of Agricultural Employers April 1 News Brief

April 4, 2022

“I do not despair of this country; the fiat of the Almighty — “Let there be Light” — has not yet spent its force.” — Frederick Douglass

NCAE News, Legal/Technical, & Other Employer Issues:

Farmworker advocates sued Gov. Jared Polis and the state’s labor department on Thursday in an effort to block a new set of rules that create Colorado’s first-ever framework for overtime pay in the agriculture industry.

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Three men have been sentenced to federal prison in separate but related cases in which they admitted providing forced labor for south Georgia farms.

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Regulatory Actions:

Organizers invite growers, farmers, shippers, contractors, farm labor contractors and agricultural buyers to attend.

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The U.S. Department of Agriculture’s National Agricultural Statistics Service will be conducting its biannual agricultural labor survey in April.

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Some groups support the current 60-hour overtime threshold for farms in New York. According to the Grow NY Farms Coalition, the New York State Association of Counties (NYSAC) has passed a resolution in support of maintaining the overtime threshold at 60 hours for family farms.

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Despite their critical role in the economy, farmworkers too often face unpaid wages, unsafe transportation to and from worksites, and substandard housing conditions.

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Legislative Actions:

Jeff Heater did not mince words when discussing the legislature’s passage of  HB 4002, which made Oregon the eight state in the nation to mandate overtime pay for farmworkers.

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On César Chávez Day, a group of about 50 farmworkers, advocates, and community members gathered in Fresno to march in honor of the late labor leader — and to once again ask Gov. Gavin Newsom to sign a bill that would make it easier for farmworkers to vote in union elections.

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H-2 and Other Worker Status Issues:

Salinas and Huron, Calif. along with Yuma, Ariz. are bound by two unstoppable forces produce and consumer expectation and H-2A workers are the ones who help make it all happen.

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CIERTO today announced a renewed partnership with the Howard G. Buffett Foundation (the Foundation) to address irregular migration by providing more legal pathways for foreign workers from Northern Central American countries to access H-2A visas.

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Immigration Reform:

To secure a bipartisan deal on immigration in Congress, a coalition of employers and faith groups is thinking small.

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The number one issue for farmers today is the labor shortage.

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NCAE This Week:

The House and Senate were in this week.   NCAE developed a presentation that was provided today to the Department of Health and Human Services and the CDC.  The presentation argued against any extension of the land border crossing vaccination mandate by DHS.     NCAE members very quickly provided information to NCAE in a survey that was compiled by the National Center for Farmworker Health regarding the mandate’s effect on employers.  Contrary to the assertions of some of the regulators that there was no effect on employers as a result of the regulation, the survey results and NCAE’s presentation worked to dispel that fallacy.    This presentation was made in the context of NCAE seeking an exemption for agricultural workers from this requirement as “essential workers” and seeking additional flexibility for employers in the Executive Order.   Have a great weekend! Michael

News articles and citations of interest for week ending 2022/04/01

Changes in US Farm Labor: 1948-2017

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A group of Washington state tulip and daffodil farm workers have gone on strike to demand that the Washington Bulb Co. improve wages and health and safety protocols.

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