Winegrape Growers of America – NCAE December 24 News Brief

December 30, 2021

“My idea of Christmas, whether old-fashioned or modern, is very simple: loving others.” — Bob Hope

NCAE News, Legal/Technical & Other Employer Issues:

Through her work with the Georgia Legal Services Program, Solimar Mercado-Spencer is providing free legal representation to victims of an alleged “modern-day salvery” operation on South Georgia farms.

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A Democratic congressman is seriously concerned that migrant agricultural laborers are being made to work against their will after a massive investigation uncovered what the feds described as a “modern-day slavery” operation in Georgia.

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Regulatory Actions:

Although the federal minimum wage remains at $7.25 per hour, Michigan’s minimum wage rate will increase from $9.65 to $9.87 on Jan. 1, 2022, as required by the Michigan Improved Workforce Opportunity Wage Act of 2018.

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A Georgia landscaping company that sent H-2A visa workers to Florida has been debarred from participating in the program for three years after that and other violations were found by a U.S. Department of Labor investigation.

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The DOL recently issued two proposals that could impact farm businesses.

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Federal investigations of six Mississippi fish farms by the U.S. Department of Labor have led to the recovery of $102,176 in back wages for 123 workers and the assessment of $69,122 in civil money penalties.

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Farmers and ranchers will find themselves subject to new laws in 2022 that will raise wages, redefine animals’ living arrangements and allow ranchers better access to livestock in evacuation zones.

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H-2 and Other Worker Status Issues:

Each year, Wisconsin welcomes approximately 5,000 seasonal agricultural migrant workers to the state to help plant, harvest, and package the wide variety of agricultural products Wisconsin has to offer.

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A recent issue of the Florida Citrus Mutual Triangle newsletter provided information about the wage that growers must pay H-2A labor, effective Dec. 29.

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Safety:

According to the data released on Thursday, Dec. 15, 2021, that was down from 183 deaths in 2019 and was the lowest number of ag deaths in the last five years.

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Immigration Reform:

Immigration advocates had reason to feel buoyant at the start of this year. President Joe Biden had launched his term by theatrically signing away emblematic Trump-era restrictions.

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NCAE This Week:

The House and the Senate were both out this week.   You are receiving this week’s News Briefs a day early as NCAE is going to be closed tomorrow in observance of Christmas Eve.   Looking forward into the first few months of next year, agricultural employers are going to have their hands full with regulatory issues coming down the pike. The ANPRM for heat is going to wrap which will lead into a new proposed rulemaking in either late 2022 or early 2023. The Biden Administration’s proposed wage rule for H-2A will draw numerous comments from employers as well and NCAE has already begun meeting with attorneys and economists to craft a robust response.  And, as we heard at the Labor Forum, the more substantial rewrite of the regulation initiated during the Trump Administration, will soon go final under this Administration.   The US Supreme Court will hear oral arguments on the Biden Administration’s vaccine mandate for employers with more than 100 workers on January 7, 2022.     And, with all of that going on, NCAE is looking forward to putting together a terrific Annual Meeting for our members in Georgetown on February 8-10, 2022.  Join us in Georgetown!   May peace be with you and have a very Merry Christmas!  Michael

News articles and citations of interest for week ending 2021/12/24

In Illinois, farming is big business as one of America’s leading producers of soybeans, corn and pork.

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