Issue:
America’s agricultural employers face a “Catch 22” when verifying the status of their workforce. It is illegal to “knowingly” hire someone who is not authorized to work, but the employer is limited in what he or she may ask to determine who is authorized. If the employer requests more or different documents when the original documents appear reasonable on their face, the employer could be subject to Justice Department investigation or lawsuits for discriminating in employment. If, on the other hand, the employer accepts those documents but later is notified by
the Social Security Administration that information contained in the documents does not match agency records, then the employer may not be safe from prosecution for knowingly hiring an illegal worker. Impact:
Currently, the only sure alternative is to recruit workers from abroad under the H-2a temporary guest worker program. But the H-2a program is expensive because it requires prospective employers to offer free housing and transportation as well as a minimum of the “adverse effect wage rate” or AEWR – the average wage for all field and livestock workers across several states. Moreover, the program is excessively bureaucratic, requiring subsequent approval by four Federal governmental agencies (Labor, Homeland Security and State), as well as the state employment agency – even if the farmer needs just a few workers for a few weeks. It also can be a magnet for litigation, forcing growers to spend large sums in court or accept the demands of taxpayer-funded attorneys. Most year-round livestock operations are not eligible for H-2a, even though labor requirements are no less of a problem for these than other operations.
Federal enforcement measures on employers are increasing across the country. While many agricultural employers who rely on foreign labor have been able to get by with fewer workers than previously, other have closed the doors and gone out of business.
Farm Bureau Policy:
Without workers from abroad, and even embracing technological advancements, America's fields would go un-harvested; its livestock, unattended. We must confront the problem of illegal migration directly and comprehensively, but traditional law enforcement and migration measures alone will not suffice. A worker program must be part of the solution. While many agricultural workers will not seek U.S. citizenship, there has to be an incentive for some to come forward. We do not support amnesty, but we can no longer afford, in a post-September 11th world where resources are scarce, to continue focusing on those who would pose no risk to our nation's security. We support a worker program that addresses agriculture's unique needs, which may change suddenly with weather, global market realities, contract enforceability or other variables beyond the grower's control. We oppose requiring agricultural employers to pay more than an average wage rate prevailing in a particular agricultural occupation and region, if required to pay above the Fair Labor Standards Act (FLSA) minimum; Limiting the number of temporary worker visas, or guaranteeing payment of any fraction of a worker's pay for work that has not been performed and; expanding the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to employers of agricultural temporary workers or providing those workers with a private right of action, expressed or implied, in state or federal court.
Legislative Request:
Farm Bureau urges Congress to recognize agriculture’s need for a reliable temporary work force to do the jobs Americans are not willing to perform. Failure to enact any meaningful legislation could place our nation at risk if our domestic supply of food is surrendered to foreign countries.
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