Labor Department proposes long-awaited changes to H-2A program
Labor Department proposes long-awaited changes to H-2A program
WASHINGTON -- The Bush administration's proposal to overhaul the 50- year-old H-2A guest worker program may be welcome news for agricultural employers, but not all the news is good.
The Department of Labor reviewed the H-2A regulations and looked for ways to streamline the program so more than 75,000 workers -- a small fraction of the 600,000 to 800,000 illegal foreign workers currently working in the agriculture industry -- can participate in the program.
"This issue must be addressed now or our country will see eroding competitiveness in its agricultural sector, crops being left to rot in the fields and increasing shifting of domestic food production to overseas," Secretary of Labor Elaine L. Chao, who announced the proposed rule Feb. 6, said in a statement. "These proposed changes to the H-2A program will provide farmers with an orderly and timely flow of legal workers and increase protections for both U.S. and foreign workers."
The proposal would change the adverse effect wage rate for H-2A workers to better reflect wages by locality, occupation and skill level, and to better protect the conditions of U.S. workers, according to the labor department.
Employers would be required to file H-2A applications directly with the department's Employment & Training Administration rather than with state agencies, and they would attest, under threat of penalties, that they have fully complied with all program requirements. Employers would be required to substantially increase the amount of time they spend recruiting for the temporary or seasonal jobs, and could not pass along to workers any costs of participating in the program.
"Changes to make this program more user-friendly and affordable are welcome by those employers in American agriculture who are able to utilize the program," said Sharon Hughes, executive vice president of the National Council of Agricultural Employers, who added that the proposal contains much needed changes to streamline the program but also appears to contain provisions "that give us grave concern."
Streamlining the H-2A program is no substitute for congressional action, said Ms. Hughes, who advocated for passage of the AgJOBS legislation as a long- term solution for the industry.
"These changes are significant," Walter Kates, director of the Florida Fruit & Vegetable Association's labor relations division, said in a statement to members. "There are some improvements, especially substituting employer attestation for the current certification process. Other changes may be cause for concern."
A group representing farmworkers blasted the proposal.
"The White House and Secretary of Labor Elaine Chao are heartlessly slashing wage rates and removing labor protections for United States agricultural workers," said Bruce Goldstein, executive director of Farmworker Justice. He said that substituting the Labor Department's wage surveys for the current surveys conducted by the U.S. Department of Agriculture would result in substantially lower wages. Also, allowing H-2A employers to provide a housing voucher, rather than providing workers with housing, would not be supported by the farmworker group.
"The Bush administration should work with Congress to pass AgJOBS, not lower wage rates and labor standards to enable agricultural employers to bring in vulnerable guestworkers to harvest America's fruits and vegetables," he added.
The Department of Labor reviewed the H-2A regulations and looked for ways to streamline the program so more than 75,000 workers -- a small fraction of the 600,000 to 800,000 illegal foreign workers currently working in the agriculture industry -- can participate in the program.
"This issue must be addressed now or our country will see eroding competitiveness in its agricultural sector, crops being left to rot in the fields and increasing shifting of domestic food production to overseas," Secretary of Labor Elaine L. Chao, who announced the proposed rule Feb. 6, said in a statement. "These proposed changes to the H-2A program will provide farmers with an orderly and timely flow of legal workers and increase protections for both U.S. and foreign workers."
The proposal would change the adverse effect wage rate for H-2A workers to better reflect wages by locality, occupation and skill level, and to better protect the conditions of U.S. workers, according to the labor department.
Employers would be required to file H-2A applications directly with the department's Employment & Training Administration rather than with state agencies, and they would attest, under threat of penalties, that they have fully complied with all program requirements. Employers would be required to substantially increase the amount of time they spend recruiting for the temporary or seasonal jobs, and could not pass along to workers any costs of participating in the program.
"Changes to make this program more user-friendly and affordable are welcome by those employers in American agriculture who are able to utilize the program," said Sharon Hughes, executive vice president of the National Council of Agricultural Employers, who added that the proposal contains much needed changes to streamline the program but also appears to contain provisions "that give us grave concern."
Streamlining the H-2A program is no substitute for congressional action, said Ms. Hughes, who advocated for passage of the AgJOBS legislation as a long- term solution for the industry.
"These changes are significant," Walter Kates, director of the Florida Fruit & Vegetable Association's labor relations division, said in a statement to members. "There are some improvements, especially substituting employer attestation for the current certification process. Other changes may be cause for concern."
A group representing farmworkers blasted the proposal.
"The White House and Secretary of Labor Elaine Chao are heartlessly slashing wage rates and removing labor protections for United States agricultural workers," said Bruce Goldstein, executive director of Farmworker Justice. He said that substituting the Labor Department's wage surveys for the current surveys conducted by the U.S. Department of Agriculture would result in substantially lower wages. Also, allowing H-2A employers to provide a housing voucher, rather than providing workers with housing, would not be supported by the farmworker group.
"The Bush administration should work with Congress to pass AgJOBS, not lower wage rates and labor standards to enable agricultural employers to bring in vulnerable guestworkers to harvest America's fruits and vegetables," he added.
