LABOR FORUM ATTRACTS RECORD NUMBER OF ATTENDEES

A record 270 attendees participated in the Florida Specialty Crop Foundation Annual Agricultural Labor Relations Forum, getting the latest information on AgJOBS and the immigration situation, workers’ comp issues, wage and hour laws, and WPS practices. Organizers attributed the heavier-than-usual attendance to interest in the no-match rule issued by the Department of Homeland Security in late August. An injunction to delay implementation of the rule is in effect until a federal court rules. Arguments in the case are scheduled to begin Oct. 1. Monte Lake, an attorney with Siff Cerda & Lake, LLP, who also works with the National Council of Agricultural Employers, gave an update on the status of the AgJOBS bill. Though the outlook isn’t bright, he emphasized, “we’re not dead yet.” Lake said the H-2A guest worker program doesn’t have the capacity to expand right now, nor is there enough housing to accommodate a surge of additional workers. AgJOBS would serve as a three- to five-year “bridge” to allow time for the program to expand, he said. He explained the requirements of the DHS “no-match” rule and what employers must do to comply. Lake then outlined 10 scenarios that employers may experience and what steps they should take in each instance. Until the court rules, Lake recommended that employers begin planning now under the assumption the no-match rule will be implemented. “You will need to adjust and change the way you operate in the future,” he said. Other sessions covered in detail topics including workers’ compensation issues, work performance and leadership, and avoiding Worker Protection Standards mistakes. Dr. Martha Roberts opened the second day of the forum with a discussion of how food safety issues relate to the agricultural work force. Employers must ensure their workers are taught Good Agricultural Practices, especially good personal hygiene. “Food safety begins on the farm, and you have the most control,” she said. Employers face several challenges in training, she added, including language, literacy and cultural barriers, in addition to the seasonal nature of their work force. Wrapping up the seminar was a detailed review of the H-2A guest worker program. Dr. James Holt and FFVA Labor Relations Division Director Walter Kates discussed the pros and cons of the program and provided a step-by-step look at the application process. “The landscape is changing,” Holt said. “We’re dealing with constant pressure on the government to control immigration, increase border security, and step up interior enforcement.”

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