FJ Blog

Friday, 28 October 2016

Obama Administration’s Petition for Rehearing to the Supreme Court for the DAPA/DACA+ case Denied
Earlier this month, the U.S. Supreme Court announced that it will not re-hear the DAPA/expanded DACA case in the current term. The Department of Justice had filed a motion in July asking the Court to re-hear the case once a ninth justice was seated.

While we are disappointed by this decision, we remain committed to working with the next Administration and Congress to ensure immigration relief for undocumented farmworkers, their communities, and the many other aspiring Americans in our country. Depending on election results, there may be opportunities for immigration reform legislation that provides a path to citizenship for the 11 million undocumented individuals living and working in our country. We will also be exploring additional options for administrative relief for undocumented farmworkers and family members.

Migration Policy Institute Farm Labor Panel includes Farmworker Justice’s Bruce Goldstein
The Migration Policy Institute on October 20 convened a panel of experts reporting on developments in the farm labor force and agriculture and their impact on immigration issues. Farmworker Justice President Bruce Goldstein spoke as a commenter on the presentations.

Philip Martin, an agricultural labor economist at UC-Davis, discussed recent trends in employment and demographics of farmworkers using data from the USDA and the Department of Labor’s National Agricultural Workers Survey (NAWS). One of the highlights he noted is that the likelihood of a farmworker being a single, mobile, young man is much lower than in the past. According to the 2014 NAWS data, 84% of farmworkers are settled in one community compared to 45% in 2000. Additionally, more farmworkers are married with children, many of whom were born in the U.S. The share of farmworkers accompanied by at least one family member went from 37% in 2000 to 61% in 2014. Average age of farmworkers also increased from an average age of 33 in 1991 to 38 in 2014. Prof. Martin also cited California showing that more farmworkers are brought to farms by farm labor contractors than those who are hired directly.

Prof. Martin discussed how growers react to perceived labor shortages, referring to four strategies growers may employ that could indicate a tightening of the labor market. These include increasing worker satisfaction; stretching the current workforce to increase productivity by adjusting the way crops are grown or using mechanical aids; substituting workers entirely with machines; and supplementing the work force, primarily by hiring H-2A guestworkers. Of note, Prof. Martin reported that growers generally (there are exceptions) have not been increasing wages substantially because they do not believe it attracts new workers or retains existing workers. Since 2005, there has been a sharp uptick in the use of the H-2A guestworker program nationally. California, led by the vegetable industry, has become a top-5 user of the H-2A program but it is still filling only a small percentage of that state’s farm jobs.
Daniel Carroll, who oversees the NAWS, also discussed demographic trends. Nationally, 67% of farmworkers in 2014 were born in Mexico compared to 54% in 1991. In California, 89% were born in Mexico. The unauthorized share of the farm labor force has jumped from 14% in 1991 to roughly 46% in 2014 (note that workers are self-reporting their immigrations status during the interview so this number may underrepresent the actual number of undocumented farmworkers). In 1991, a large share of farmworkers were either citizens or received legalization through the 1986 IRCA bill, while today more farmworkers have access to legal status through family visas. With fewer farmworkers migrating and immigration across the U.S. – Mexico border subsiding, the share of farmworkers who are foreign-born and arrived very recently dropped from 22% in 2000 to 2% in 2014.

Tom Hertz, an economist at the USDA, focused his remarks on farmworker wages and whether we are experiencing a farm labor shortage. He noted that the estimated number of Mexican-born farmworkers in the U.S. has stayed roughly the same since 2007, while the unemployment rate for all farmworkers in 2014 was not below pre-recession levels. However, he noted that real wages in agriculture are rising faster than in other industries while the H-2A program is seeing steady growth – both pointing to a tightening of the labor market.

Bruce Goldstein responded to the presenters by laying out the factors that don’t always show up in the data. While wages for farmworkers may be rising faster than for workers in other industries, he noted that the increase is modest in real terms and started from a very low point. He said that regardless of possible local labor shortages, the wages and benefits would have been expected to have increased substantially if there really were major labor shortages. Farmworkers make only about 56% of the average U.S. wage, and generally receive no fringe benefits such as health insurance or paid time off. The fact that at least half the workforce is undocumented drags down the bargaining position of all farmworkers with their employers.

Addressing solutions, Goldstein stressed the importance of engaging retailers and consumers in an effort to improve wages and working conditions in the fields. Prof. Martin has shown that a 40% increase in wages for farmworkers would only translate to an extra $21 annually in grocery costs for a family (if the extra cost were passed on to farmworkers). Corporate responsibility projects in the food supply chain hold potential for increasing productivity and sharing the benefits with farmworkers.

Regarding the increased use of farm labor contractors by farm operators, Goldstein noted that it is absolutely necessary that the grower and contractor be treated as joint employers. Growers should not be able to insulate themselves from potential liability under labor and immigration law by outsourcing the risk to labor contractors. There must be shared responsibility to prevent wage theft, peonage, child labor and other abuses.

Goldstein stressed that immigration reform is critical to improving the lives and working conditions of current undocumented farmworkers and their family members. On the issue of worker visa programs, Farmworker Justice believes that if there are legitimate future labor shortages, new arrivals should be granted immigration status and the accompanying economic and democratic freedoms on which this country is based. If compromise on immigration policy necessitates a worker visa program, such a program should be based on true and demonstrable labor shortages and should offer workers job portability, strong and equal labor protections, the ability to live with their families, and a path to citizenship.

White House Latino Policy Summit Addresses Farmworkers and Immigration
On October 12, the White House Latino Policy Summit featured presentations by several speakers from the National Hispanic Leadership Agenda (NHLA), including Farmworker Justice’s Bruce Goldstein, who co-chairs the NHLA Economic Empowerment and Labor committee. Immigration and labor issues were among the issues discussed before an audience that included White House and federal agency officials.

Department of Labor Hosts Hispanic Heritage Month Conversation
In honor of Hispanic Heritage Month, U.S. Secretary of Labor Tom Perez moderated a conversation with United Farm Workers President Arturo Rodriguez and Julie Chavez Rodriguez, Special Assistant to the President of the United States, who is also the daughter of Mr. Rodriguez and the granddaughter of Cesar Chavez.

At the October 13 event, Secretary Perez discussed how for far too long, comprehensive immigration reform has been merely a conversation while millions of peoples’ lives are being affected. Mr. Rodriguez mentioned the numerous encounters he has had with people who were unable to go home to attend a loved one’s funeral. Ms. Rodriguez explained the unique window of opportunity that will open with the next Administration, as an unusual coalition of allies ranging from law enforcement to churches and veterans are all pushing for comprehensive immigration reform.

Secretary Perez asked about the challenges facing farmworkers and what people can do to help them. Mr. Rodriguez said that elections really matter, and having the right people in place who make decisions that affect farmworkers is very consequential. This is especially true in light of the landmark legislation passed in California that will gradually bring equity in overtime pay to the state’s farmworkers. Ms. Rodriguez said that we need to be looking at lessons from the organic food movement, and how consumers are willing to support practices that align with their values. Secretary Perez added that corporate social responsibility projects such as the Equitable Food Initiative, of which Farmworker Justice is a founding board member, are part of a growing movement towards conscious consumerism.

Farmworker Justice
October 28

by Matt Clark
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Tuesday, 18 October 2016

[Editor’s note: This guest blog post comes from Migrant Clinicians Network’s blog, “Clinician-to-clinician: A Forum for Health Justice.” The original blog post can be found here. Migrant Clinicians Network is a nonprofit focused on health justice for the mobile poor.]

By Amy Liebman, MPA, MA, Director of Environmental and Occupational Health, and Claire Hutkins Seda, Writer & Editor, Migrant Clinicians Network

Last week, the Labor the picture is even more complicated. They typically labor in jobs that regularly post the highest numbers of injuries each year, like farming, fisheries, industrial food processing, dairies, and construction. On top of that, they often have very low pay rates and job insecurity, due to the often temporary nature of their work. Consequently, their basic economic security is often in jeopardy, even without an injury at work. This critical segment of our country’s workforce -- the immigrants who build the roofs over our heads, harvest the vegetables on our dinner plate, and head to work to clean our office buildings while we head to bed -- is in dire need of sufficient protection considering their financial concerns and likelihood of injury. And, for some of those workers, the system doesn’t provide any protection at all.

While state-based workers& Department put out a report on state-based workers’ compensation rules. The report calls for an increased federal role in workers’ comp to ensure that injured workers are provided with adequate insurance benefits to keep them afloat while they heal -- the original intent of workers’ comp. “Recent years have seen significant changes to the workers’ compensation laws, procedures, and policies in numerous states, which have limited benefits, reduced the likelihood of successful application for workers’ compensation, and/or discouraged injured workers from applying for benefits,” the report reads, calling out denial of claims that were previously compensated and a decrease in cash benefits as examples of the weakening of workers’ comp around the country. Such changes challenge the insurance system’s effectiveness in providing a timely return of the worker to work and may diminish the ability for public health officials to understand trends in injuries in order to address ongoing hazards, through a review of workers’ claims.

For immigrant workers,rsquo; comp laws have existed in the US since 1911, the laws when first enacted didn’t cover all workers; those employed in agriculture were mostly excluded from most workers’ comp laws, leaving them out of the insurance system entirely.

Today,14 states require employers to provide agricultural workers the same workers’ compensation insurance as workers in other industries. (See MCN’s Pesticide Reporting and Workers’ Comp in Agriculture Map to see state-by-state requirements.) So, for farmworkers, who have been excluded by the state systems, federal involvement may be the only way to gain more inclusion. For those farmworkers who are covered, the increasingly weak and broken workers’ comp system is two steps forward and one step back.

We at Migrant Clinicians Network applaud the Labor Department’s report in calling out the weakening state workers’ compensation systems. We call on states across the US to both augment its rules to allow for farmworkers to benefit from workers’ comp, while simultaneously fortifying its safety net to assure that workers’ comp can effectively protect injured workers of any industry.

Learn more about workers’ comp for farmworkers, state-by-state on Migrant Clinicians Network’s Workers’ Comp and Pesticide Exposure Reporting map, here.

Read the Labor Department’s report, here.

Learn more about workers’ comp in the US today in ProPublica/NPR’s 2015 investigative reports, here.


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Friday, 30 September 2016

Historic California Overtime Legislation
On September 12, California Governor Jerry Brown signed historic legislation that gives farmworkers the same overtime protections as all other workers in the state. This is a long overdue victory for farmworkers in California, and one that we hope can lead Congress to end the discriminatory treatment of farmworkers under our federal labor laws. The exception of farmworkers from the federal overtime law passed in 1938 stems from historical discrimination against African American workers, and it is time for employers in agriculture to operate under the same rules that apply to employers in other sectors, including those with seasonal jobs. Gaining the political will in Congress may depend on additional states first ending their discriminatory laws. One might think that the California growers would not want to compete against growers in other states who have lower labor costs due to exemptions from labor protections.

To read more, see this blog post.

Familias Unidos por la Justicia Wins Union Vote, Will Represent Farmworkers at Sakuma Bros.
A labor dispute spanning three years at Sakuma Brothers Farms in Washington State has reached a new stage with the berry farm’s workers voting overwhelmingly to form a union with Familias Unidos por la Justicia as their representative.

Farmworker union elections are not protected or governed by the National Labor Relations Board, which is just another example of discriminatory employment laws faced by farmworkers. In practice, the lack of a formal structure for union representation elections makes farmworker union campaigns incredibly difficult. Yet, in spite of this obstacle, these workers were able to mount an enduring and effective campaign to pressure their employer to hold an election. Although by striking they won some important gains, now the union and the company, if it acts in good faith, will negotiate a comprehensive agreement. The Union, which is led by immigrants from indigenous communities in Mexico, ended its boycott against Driscoll’s strawberries, which sells Sakuma’s berries.

FJ President Bruce Goldstein Featured at Food Tank’s Farm Tank Conference
Before heading to speak at the first annual Farm Tank Conference - Sacramento, Farmworker Justice President Bruce Goldstein sat down with Food Tank to answer 10 questions about food and agriculture. See his responses to the biggest challenges and opportunities facing farmworkers and the future of agriculture here. Bruce was a panelist at the conference, which included speakers and attendees from many corners of the food and agriculture systems.
It is critical that the perspectives of farmworkers and their advocates be heard in forums such as the Farm Tank Conference. Far too often, conversations around sustainability in agriculture overlook the important role farmworkers play in our food system.

Washington Post op-ed on Visa Reform for Dairies
The executive director of the National Immigration Forum, Ali Noorani, recently published an op-ed in the Washington Post calling for an update to our various systems for awarding visas. Farmworker Justice is well-known for its support for progressive immigration reform but is concerned about the focus of the op-ed. Specifically, he mentions the need for year-round labor in the dairy industry and how this makes employers ineligible to bring in workers through the H-2A guest worker program, which is only for seasonal jobs.

The dairy industry plays an important role in our agricultural economy and our nation’s health. But the fact remains that it is a year-round industry and most dairy workers work on large farms. Granting temporary visas to fill potential labor shortages is an inappropriate solution. The industry can and should be doing more to lift wages, benefits, and working conditions to attract and retain workers. In addition, any workers brought in from outside the U.S. to fill actual shortages should be given legal immigration, not guestworker, status and put on a path to citizenship.

Fox News Immigration Poll
An August 2016 poll from Fox News shows that 77% of registered voters support granting legal status to those immigrants who are undocumented, while only 19% favor deporting “as many as possible.” This is an encouraging trend; in July of 2015, 30% favored mass deportations.
While the language of the poll question does not delineate between a path to citizenship and other means of granting status, it is clear that the vast majority of the American public is in favor of comprehensive immigration reform.

Although it is highly unlikely that Congress will act before the election or during the lame duck period, it is paramount that the next Congress and Administration prioritize a path to citizenship for the undocumented. In the meantime, undocumented farmworkers and temporary foreign workers under the H-2A program, which is expanding, are vulnerable to unfair and illegal employer practices. We must continue to help these workers improve conditions on farms.

Please support Farmworker Justice with your tax-deductible donation.

by Matt Clark
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