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January 11, 2019

Agribusiness Employers File Suit to Stop Implementation of 2019 AEWR

On January 7, the National Council of Agricultural Employers (NCAE), along with grower Peri & Sons Farms, Inc., filed a lawsuit in D.C. federal court seeking to stop the Department of Labor (DOL)’s implementation of the 2019 Adverse Effect Wage Rates (AEWRs) for the H-2A program. In order to ensure that U.S. workers are not adversely affected by the H-2A program, H-2A employers must offer the highest of five minimum wage rates: the applicable federal or state minimum wage; the local prevailing wage for that occupation; any collectively bargained wage rate; or the AEWR.

The AEWR is set annually by DOL based on the U.S. Department of Agriculture’s surveys of wages paid by agricultural employers.  The current formulation of the AEWR, which was reinstated in the 2010 H-2A regulations, was initially established under the Reagan Administration. The NCAE lawsuit seeks to stop the implementation of the 2019 wage rates and sought a temporary restraining order, which was denied on January 8. DOL had already announced the new AEWR rates for 2019 in December 2018. The new wages were set to be implemented on January 9, meaning that as of Wednesday (January 9) and for the time being, the 2019 AEWR rates are now in effect. However, litigation is ongoing and the judge will soon determine whether or not to grant a preliminary injunction stopping implementation of the new wages.

Also on January 9, the United Farm Workers union (UFW) filed a motion to intervene in the case, as its members would be affected by any decreases to the AEWR. Farmworker Justice is representing the UFW in this case, along with the private law firm Covington and Burling LLP, on a pro bono basis. If the growers’ lawsuit succeeds, many U.S. workers, as well as H-2A workers, will receive lower wages. The 2019 AEWRs for most states are higher than the 2018 rates, following a pattern of modest improvements over the past few years. This lawsuit is the latest example of agricultural employers admitting a tightening farm labor market, which should result in competitive wage increases, while seeking exemption from the law of supply and demand that applies to other businesses.

New Jersey Minimum Wage Law Might Discriminate Against Farmworkers  

New Jersey legislators are negotiating a potential bill to increase the state’s minimum wage to $15 an hour. However, a key lawmaker, NJ Senate President Steve Sweeney, is proposing to exempt farmworkers from the $15 per hour minim wage; instead subjecting them to a lower minimum of wage of $12.50 an hour. Sen. Sweeney represents an area of South Jersey with many farms. According to data from the Bureau of Labor Statistics, the median farmworker wage in New Jersey is currently between $11.70 and $12.92 an hour; thus, the “increase” to $12.50 would not be a wage increase in real terms for many farmworkers. $12.50 is also less than the 2019 H-2A program AEWR for the state of New Jersey, which is $13.15, further proof that the supposed pay increase would not represent a meaningful improvement on farmworkers’ current wages.

As stated by Farmworker Justice President Bruce Goldstein, this proposal would be “a continuation of a long history of discrimination against farmworkers.”  We also agree with CATA, a New Jersey nonprofit group that advocates for migrant farmworkers, that farm work is no less valuable than any other category of work, and farmworkers deserve the same minimum wage as any other worker.  It’s time to end the unfair and unequal treatment of farmworkers; not create new discriminatory exceptions from basic protections other workers enjoy.

Shutdown Continues as President Trump Insists on Border Wall Funding

Today marks day number twenty-one (21) of what may soon become the longest government shutdown in U.S. history. The partial shutdown is a result of President Trump’s insistence that Congress provide over $5.7 billion to fund the construction of a wall on the U.S.-Mexico border. Democratic Congressional leaders have stated that they will not provide any amount over $1.6 billion for border security (which was the amount in a previous Senate appropriations bill for FY 2019).  President Trump is also reportedly weighing whether to declare a national emergency along the border in order to bypass Congressional approval for funding for the wall. Meanwhile, nearly 800,000 federal workers have either been furloughed or have had to continue working without pay, affecting a wide range of government services.

Senate to Weigh William Barr Nomination for Attorney General  

The Senate Judiciary Committee is currently scheduled to hold confirmation hearings on January 15 and 16 for William Barr for the position of Attorney General. Earlier this week, Senate Minority Leader Chuck Schumer (NY) called on President Trump to withdraw Barr’s nomination, based on his previous criticism of the Mueller investigation. Barr previously served as Attorney General during the Administration of George H.W. Bush. A coalition of civil rights organizations recently expressed serious concerns regarding Barr’s nomination, given his past record on subjects ranging from criminal justice reform to LGBTQ and reproductive rights, as well as his anti-immigrant views. Some of his troubling anti-immigrant positions include his support for the current administration’s Muslim ban as well as his past role in detaining HIV-positive Haitian asylum seekers at Guantanamo Bay in the early 1990s.

Update on Farmworker Health and Safety

EPA Backs Off Plan to Weaken Worker Protection Rules

Last week, Acting Administrator Wheeler committed in a letter to Senators Carper (D-DE) and Barrasso (R-WY) to abandon EPA’s efforts to rollback critical elements of the Worker Protection Standard (WPS) and the Certification of Pesticide Applicators (CPA) rule, in exchange for Senate confirmation of various political appointees to the agency. After two years of efforts by environmental and worker rights advocates to defend the WPS and CPA rule before the EPA, the courts and Congress, and to ensure the rules’ effective implementation, this is a major breakthrough. The draft of the proposed rules that we have been opposing are currently under review at the Office of Management and Budget (OMB), and we will continue to monitor EPA’s actions to make sure the proposals are formally withdrawn. FJ will also continue its efforts to codify Wheeler’s promises in legislation early in this congressional session through language in the reauthorization of the Pesticide Registration Improvement Act (PRIA).

Wheeler’s letter also states that the EPA is still planning to propose a revision to the Application Exclusion Zone (AEZ) provision of the WPS, with a public comment period of at least 90 days. We fully expect EPA to propose harmful changes to the AEZ provision later this year. The AEZ provides a measure of protection to workers and bystanders from off-target drift during pesticide applications. FJ and partner organizations will work to preserve those protections, including through the submission of comments once the proposed changes are published.

Legislation Banning Chlorpyrifos Introduced in House

Earlier this week, Representative Nydia Velasquez (D-NY) introduced the “Pesticide Protection Act,” which would ban the sale of chlorpyrifos, a toxic chemical that has been linked to damaging health outcomes in workers, pregnant women and children. The bill, H.R. 230, currently has over 40 co-sponsors. The EPA was previously set to ban the use of chlorpyrifos under the Obama administration; however, it later reversed its decision under the Trump administration. Farmworker Justice, along with various environmental and worker rights groups, is currently involved in a lawsuit against the EPA in which the 9th Circuit Court of Appeals has ordered the agency to ban chlorpyrifos. However, EPA has appealed that decision and the litigation is still ongoing.

Labor Contractor Fined by OSHA after Worker Heat Stress Death

Last month, Georgia agricultural labor contractor Beiza Brothers Harvesting was fined $12,934 by the Occupational Safety and Health Administration (OSHA) for conditions that led to the death of a worker from heat stress. Previous FJ updates detailed the conditions leading up to the tragic death of the 24-year old worker while picking tomatoes in extremely high temperatures. OSHA also issued additional citations against Beiza Brothers related to a failure to train employees about hazardous chemicals and unsafe equipment, but did not levy additional fines for these citations.

Update on Texas v. U.S. and Status of ACA

After Judge O’Connor issued a stay in the Texas v. U.S. lawsuit, the 17 Democratic Attorneys General who defended the Affordable Care Act’s (ACA) provisions filed an appeal with the Fifth Circuit on January 3. The Department of Justice (DOJ) filed its own appeal the following day. The Fifth Circuit has yet to schedule an initial briefing. As the appeals process moves forward, the ACA and its provisions remain in effect. Meanwhile, the House of Representatives filed the first of two motions to intervene in defense of the ACA.

A recent poll conducted by Protect Our Care shows that more than half of voters oppose the recent decision in Texas v. U.S. and 59% want to see the ACA remain in effect with fixes made as necessary. On January 3, the Centers for Medicare and Medicaid Services (CMS) released its final enrollment report that showed 8.4 million consumers enrolled in health insurance through healthcare.gov during the 2019 open enrollment period. This number is only 4% less than enrollment last year, despite the additional cuts to outreach and navigator programs. Enrollment is still open in a handful of states including Colorado (until January 12), California (January 15), and New York (January 31).

December 18, 2018

Public Comment Deadlines for Proposed H-2A Program Changes

As a reminder, there are various opportunities to comment in response to Federal Register notices related to the H-2A program, with deadlines next week. As mentioned in previous updates, the Department of Labor (DOL) issued notices of proposed rulemaking regarding the requirements for recruiting U.S. workers by employers seeking certification in both the H-2A and H-2B temporary guestworker visa programs. The deadline for submitting comments for both notices is now December 28 (it was previously December 10 but was extended).

DOL has also announced a proposed revision to the forms used for employer certification under the H-2A temporary agricultural worker visa program. The two forms being revised are Form ETA-9142A, which is the form employers use to apply for H-2A workers, and Form 790, which is the agricultural clearance order that is circulated to inform prospective job applicants of  job terms and instructions. The deadline for submitting comments to this proposal is December 24.

Florida H-2A Labor Contractor Fined for Violation of Program Requirements

Florida H-2A labor contractor SOL Harvesting LLC was recently fined $53,428 by the Department of Labor (DOL)’s Wage and Hour Division (WHD). Among various violations of the H-2A program requirements, DOL WHD found that SOL Harvesting failed to provide employees copies of their work contracts and reimburse them for transportation and visa fees. Workers also were not provided with housing that met minimum safety and health standards. The bulk of the amount paid by the contractor constituted back wages, as DOL only assessed a civil money penalty of $2,368 for the H-2A program violations. SOL Harvesting had hired approximately 100 workers to harvest cucumbers, cabbage, kale and onions at Scott’s Farms in Mt. Dora, Florida. To our knowledge the farm operator was not penalized and the labor contractor has not been debarred from the H-2A program.

USDA Releases Report on Farm Labor Markets in the U.S. and Mexico

The U.S. Department of Agriculture (USDA)’s Economic Research Service (ERS) recently released a report entitled “Farm Labor Markets in the United States and Mexico Pose Challenges for U.S. Agriculture.” The report finds that the U.S. farm labor market is showing signs of tightening, including increases in farm wages, more widespread use of the H-2A temporary agricultural worker visa program, and a shrinking supply of farm labor from Mexico. Among the potential options for employers to respond to a tighter labor market proposed by the study are raising wages, improving benefits and working conditions, increased mechanizing of crops, switching to less labor-intensive crops and greater employment of guestworkers. The report emphasizes guestworker status as a mechanism for recruiting future farmworkers, rather than offering potential agricultural workers, or current undocumented workers, the opportunity to adjust their immigration status or have a path to U.S. citizenship.  

Various Appropriations Bills Expire December 21, Government Shutdown Possible

Earlier this month, Congress passed a temporary spending bill for FY 2019, called a continuing resolution (CR), to fund various government agencies, including the Department of Homeland Security (DHS) and the Department of Agriculture (USDA), through December 21. Despite opposition from Democrats and reluctance among some Republicans to press the issue, President Trump is insisting on $5 billion in funds for border wall construction in the DHS appropriations bill and has stated he would be “proud” to shut down the government if that amount is not agreed to. A government shutdown could lead to many federal employees being furloughed, including at DHS, USDA, the Department of Justice and the State Department. As noted in previous FJ updates, two of the proposed FY 2019 appropriations bills have troubling language regarding the H-2A temporary agricultural worker visa program. FJ has been advocating against a possible rider in the DHS appropriations bill which would expand the H-2A program to year-round industries, as well as report language in the USDA bill on the creation of an H-2A application portal.

In addition, as we reported in the last update, there are efforts to freeze wage rates in the H-2A program by keeping the Adverse Effect Wage Rate (AEWR) at the 2018 levels instead of allowing the expected 2019 rates to go into effect.  These efforts are aimed at Congress and the appropriations process as well as the Administration. The 2019 hourly wages are expected to increase approximately 6% nationwide, with higher increases for some states. Failing to implement the AEWR – which would effectively lower H-2A wage rates in most areas around the country in 2019 – would adversely affect the wages and working conditions of U.S. workers.  Farmworkers’ wages are among the lowest in the nation. Farmworker Justice opposes these efforts to freeze the AEWRs in the H-2A program.

Support This Publication and the Work of Farmworker Justice

The policy monitoring, analysis and advocacy of Farmworker Justice serves the farmworker community. Farmworker-serving organizations throughout the nation count on Farmworker Justice.  And Farmworker Justice counts on you for your support to make our work possible. Please make a charitable contribution to Farmworker Justice, in any amount. You may donate with a credit card online or mail your donation to Farmworker Justice, 1126 16th St., NW, Suite LL-101, Washington, D.C. 20036.  Thank you!

Update on Farmworker Health and Safety

FJ Issue Brief on Specialty Care for Farmworkers

Farmworker Justice recently published a new issue brief for health centers and clinicians that outlines the continuing challenges in providing specialty care to agricultural workers and their families. The brief discusses lessons learned from FJ’s “Unidos” project - a collaborative effort between FJ and two community partners: Campesinos Sin Fronteras and Vista Community Clinic - to deliver dermatological care to agricultural workers in Somerton, Arizona and Vista, California. The brief also explores opportunities for telehealth, based on a related effort with Harvard’s Center for Health Law and Policy Innovation (CHLPI) that involved workers directly in discussions about telehealth interventions. Based on lessons learned, the brief highlights recommendations for health centers to promote access to specialty care among agricultural workers and their families.  

GAO Report Finds Agriculture Has Highest Rate of Child Work-Related Deaths  

A recently published study by the Government Accountability Office (GAO) found that agriculture accounts for more than half of child worker deaths, with 237 fatalities between 2003 and 2016. The study was requested by Reps. Rosa DeLauro (CT) and Lucille Roybal-Allard (CA) as an update to GAO’s 2002 child labor report. In a statement on the report’s release, the Representatives noted: “This report confirms that child labor is contributing to a devastating amount of fatalities in the United States – disproportionately so in the agricultural sector. In that industry, kids are often exposed to dangerous pesticides, heavy machinery, and extreme heat, and they are being killed as a result. That is unacceptable.  Our government must take these findings as a call to action […].” The federal Fair Labor Standards Act (FLSA), which regulates child labor, allows children to be employed in agricultural jobs, including in hazardous tasks, at younger ages than in other occupations. Rep. Roybal-Allard has been a leader in efforts to end the discrimination in the law regarding child labor on industrialized farms. You can find the full GAO report, entitled “Working Children: Federal Injury Data and Compliance Strategies Could Be Strengthened,” here.

Congress Passes Farm Bill, No PRIA Language Included

Last week, both chambers of Congress passed the Farm Bill, which is expected to be signed into law by the President later this week. Originally, the House and Senate versions of the bill were very different, particularly with regard to provisions on nutrition and environmental protection programs. The final bill did not include controversial cuts to the Supplemental Nutrition Assistance Program (SNAP) that were in the original House bill and preserved many important environmental protection programs.

The final Farm Bill did not include language regarding the Pesticide Registration Improvement Act (PRIA). Earlier this year, the Senate passed a standalone version of PRIA conserving key provisions of two rules protecting farmworkers from pesticide exposure - the Worker Protection Standard (WPS) and Certification of Pesticide Applicators (CPA) rule. FJ, along with other farmworker and environmental advocates, is calling on the House to pass this version of PRIA before the end of the legislative term.

Judge Issues Ruling against ACA in Texas v. United States

On December 14, a federal judge in Texas ruled the Affordable Care Act (ACA) unconstitutional after the elimination of the tax penalty in the 2017 tax bill. In his ruling, Judge Reed O'Connor wrote that the individual mandate could not be severed from the rest of the ACA, rendering the law unconstitutional. The lawsuit was led by Texas and 19 other states. California, along with 16 other states and Washington, DC, intervened to defend the ACA in court after the Trump Administration declined to defend key provisions of the law. Attorney General Xavier Becerra of California said that they will challenge the ruling. If the Judge's decision stands, an estimated 17 million Americans could lose their health insurance, including those who gained coverage under Medicaid expansion. The ACA’s pre-existing conditions protections, along with other consumer protections in the law, would also no longer exist.

The ACA remains in effect as the appeals process moves forward. While open enrollment for insurance plans on healthcare.gov ended on December 15, enrollment in some states, including California and New York, continues. A Kaiser Family Foundation health poll conducted in November found that 61% of surveyed consumers did not know the deadline for enrollment. While final enrollment numbers are not yet available, so far, enrollment has declined compared to last year.

New Guidance for Section 1332 Waivers

The Trump Administration released new guidance for Section 1332 waivers that will provide states with flexibility that could ultimately weaken certain ACA provisions. Section 1332 innovation waivers, issued by the Centers for Medicare & Medicaid Services (CMS), allow states to experiment with strategies to provide residents with health coverage. Guidance released in 2015 provided a strict interpretation of statutory guardrails that will affect consumers. The new guidance, published in October 2018, establishes less restrictive standards such as expanded definitions of coverage to include short-term plans and encouraging states to use private exchanges to offer subsidies for non-ACA-compliant plans. More information about this guidance can be found on the Kaiser Family Foundation website. The new guidance is currently open for public comment until December 24. If you are interested in learning more, you can read this analysis by Families USA.

Over 200,000 Comments Submitted on Public Charge Proposal

Thank you to everyone who shared and submitted comments opposing the Administration's proposed changes to public charge. According to regulations.gov, over 216,000 comments were submitted and we expect that number to grow. FJ will continue to provide any relevant information on public charge and farmworkers. Visit the Protecting Immigrant Families website to learn more about the campaign, led by NILC and CLASP, and future advocacy efforts.

Best Wishes for a Healthy and Happy New Year!
 

November 29, 2018

Ag Employers Seek to Avoid 2019 H-2A Wage Increases

In a November 28 letter to Labor Secretary Alexander Acosta and Secretary of Agriculture Sonny Perdue, the National Council of Agricultural Employers (NCAE) asked for “short-term relief” from the federal government from the expected Adverse Effect Wage Rate (AEWR) for H-2A workers. On November 15, the National Agricultural Statistics Service (NASS) released a report showing the average wages paid to nonsupervisory field and livestock workers for 2018.  As stated in the current regulations, the 2019 AEWR will be these wage rates. Based on the data, hourly wages would increase approximately 6% nationwide, with higher increases for some states.  The NCAE refers to the AEWR as a “premium wage;” however, this term is fundamentally and disingenuously wrong as the AEWR is merely the average wage paid to nonsupervisory field and livestock workers as determined by USDA’s farm labor survey. By definition, an average means that some employers pay more than the average wage. One would expect that an employer truly facing a labor shortage would seek to attract U.S. workers by offering more than the average wage, and yet the H-2A program allows employers to demonstrate a labor shortage merely by offering the average.

Failing to implement the AEWR – which would effectively lower H-2A wage rates in most areas around the country in 2019 – would adversely affect the wages and working conditions of U.S. workers.  Farmworkers’ wages are among the lowest in the nation, but by several measures have been increasing modestly in the last few years. In California, a wage freeze would keep the AEWR at $13.18 (which was the 2018 AEWR based on 2017 USDA surveys), instead of rising to $13.92.  In North Carolina and Virginia, the rate would be frozen at $11.46 per hour, instead of rising in 2019 to $12.25. In Idaho (and Montana and Wyoming), the freeze would keep wages at $11.63 per hour instead of rising to $13.48. In Florida, the freeze would stop a slight drop of 5 cents per hour. There is a long history of regulation and litigation regarding the AEWR, and we anticipate that Farmworker Justice and others would litigate against the Administration if it attempts to undermine U.S. farmworkers’ wages by lowering H-2A program wage rates.    

California Ag Employer Reaches Settlement over Farmworker Transportation Pay

Earlier this month, California agricultural company Fresh Harvest Inc., agreed to pay $1 million in back wages to farmworkers under a settlement agreement. Fresh Harvest, which is a component of the Scaroni Family of Companies, bills itself as one of the largest H-2A employers in the Western United States. The agreement was the result of a lawsuit filed by the United Farm Workers (UFW) and California Rural Legal Assistance, Inc. (CRLA), which sought unpaid wages for workers’ uncompensated travel and waiting time, as well as damages for violations of state and federal labor law. Workers’ travel to and from work sites averaged two or more hours each day and workers additionally had various wait times beyond their control, for which they were not compensated. Workers were also retailed against after cooperating with an investigation of one of the company’s crew leaders. The settlement agreement will likely be finalized in December.

Farmworker Group Alleges Targeting by ICE Due to Activism

On November 14, worker rights’ group Migrant Justice filed a lawsuit claiming the group has been targeted by the Department of Homeland Security (DHS) in an attempt to suppress its activism. The lawsuit was brought by the ACLU of Vermont, the Center for Constitutional Rights, the National Center for Law and Economic Justice, the National Immigration Law Center and a private law firm. At least 20 members of Migrant Justice have been arrested and detained by ICE in the past five years. The lawsuit claims that these arrests were “part of a pattern of ICE expending significant resources to target, surveil and detain immigrant activists and leaders across the country in response to their protected political speech and activity.” Migrant Justice, based in Vermont, is known for its Milk with Dignity campaign and support of immigrant farmworkers.

President Trump Threatens to Shut Down Government over Border Wall Funding

In late September, Congress passed a temporary spending bill, called a continuing resolution (CR), to fund various government agencies, including the Department of Homeland Security (DHS). The current CR expires on December 7, which means that Congress must agree to an appropriations bill for FY 2019 by that date or else risk a government shutdown. The DHS bill includes funding for immigration enforcement. President Trump is insisting on $5 billion in funds for border wall construction and threatening to push for a government shutdown if that amount is not agreed to. Senate spending bills must clear 60 votes to pass, which means that any funding legislation would need some Democratic support.

Update on Farmworker Health and Safety

Farmworkers Still Working Amidst California Fires

While fires ravaged California in the past few weeks, many farmworkers were pressured to continue working among the dangerous conditions, often without protective equipment. State law requires employers to provide protective gear as well as train employees on how to use the gear effectively. However, according to local farmworker groups, only some employers complied with these obligations. Strawberry pickers in the region reported experiencing sore eyes, upset stomachs, headaches and dizziness as a result of the smoke. Approximately 36,000 farmworkers may have been exposed to the dangerous air caused by the wildfires. Many are undocumented and/or speak indigenous languages and may be hesitant to complain about safety violations for fear of retaliation.

Farmworkers and Hurricane Florence’s Aftermath

A recent Civil Eats article details the challenges faced by undocumented farmworkers during and after Hurricane Florence’s landfall in North Carolina in September. Undocumented communities’ challenges after natural disasters are compounded by the inability to access needed services, including food and shelter. The article describes relief efforts by local groups such as the Episcopal Farmworker Ministry and the Kinston Community Health Center in the aftermath of the storm.

Dairy Worker Dies in Manure Pit

Tragically, yet another dairy worker has died as a result of driving into a manure holding pit. The 22-year old farmworker in Ohio drowned after the skid steer he was driving went into the pit. As stated in this news article, working around manure storage areas has many potential dangers, which is why it is so important that workers be adequately trained to work safely in these areas and be aware of equipment hazards.

OSHA Small Farm Exemption

A recent Atlantic article delves into the impact of the small farm exemption, which prohibits Occupational Safety and Health Administration (OSHA) investigations into fatalities at farms with 10 or less non-family employees. The exemption, put into an appropriations bill over four decades ago, gives small farms immunity from the agency’s oversight. The exemption also prevents the use of federal funds for training and guidance to small farms on how to comply with safety standards and potentially prevent future accidents. Congress should stop inserting the annual appropriations rider that prohibits enforcement of OSHA standards on small farms.

Immigrant Families’ SNAP Participation Dropped in 2018

New research confirms what many health advocates feared: immigrant families’ participation in the Supplemental Nutrition Assistance Program (SNAP) declined by approximately 10% in the first half of 2018, following a decade of increased participation in the program. Given that the eligibility rules for the program remained unchanged between 2017 and 2018, researchers believe that the drop in participation is related to changes in national immigration rhetoric and policies.

As a reminder, the Trump Administration recently published a proposed “public charge” rule that could further reduce immigrants’ access to essential nutrition and health services. Comments on the proposed rule are due on December 10. For more information on how the rule could affect farmworkers, please see Farmworker Justice’s fact sheet and template comments.

Latest News

November 07, 2018

FOR IMMEDIATE RELEASE                 Contact:  Bruce Goldstein, President

November 7, 2018                            (202) 293-5420 [email protected]

David Damian Figueroa, respected non-profit leader, activist and entertainment professional, will oversee Farmworker Justice’s corporate and foundation partnerships, giving campaigns, special events, and branding initiatives.

Washington, D.C. – Farmworker Justice announced the appointment of David Damian Figueroa as Director of Development. Figueroa will be based in California’s Coachella Valley and will report to the national organization’s president, Bruce Goldstein. Figueroa will be charged with increasing partnerships with foundations, corporations, and philanthropists.  He will also be responsible for enhancing Farmworker Justice’s, individual donor base, organizational capacity, and raising the visibility of the organization’s policy advocacy, impact litigation, training and education programs, and corporate responsibility initiatives.

“We are very pleased we have this opportunity to take advantage of David Damian’s many skills and resourcefulness. He is an accomplished innovator in philanthropy, non-profit communications, branding, and content marketing. He comes to Farmworker Justice with a background as a farmworker and a wealth of valuable experience and we are excited to have him as part of our senior team,” stated Goldstein.

Prior to joining Farmworker Justice, Figueroa was the AVP of Branding, Content Marketing and Strategic Alliances at Frontier Communications.  He served at the Mexican American Legal Defense and Educational Fund (MALDEF) from 1998 to 2001 and rejoined the organization as Vice President of Development and Strategic Communications from 2009 to 2015. Figueroa served as Associate State Director of the Los Angeles County Region for AARP California from 2002 to 2009 where he oversaw the implementation of social campaigns, community alliances, volunteer management and membership development. Figueroa also helped launch AARP’s Segunda Juventud bilingual magazine in Los Angeles.

“I’m excited and honored to have the opportunity to work for Farmworker Justice at such a critical time in our country.  In my youth, I spent most of my summers and many weekends working in the fields and orchards of southern Arizona. It is my intent to bring  the hardship of the farmworker to light and work with the team and key partners to identify and implement high-impact solutions that benefit our nation’s farmworkers,” said Figueroa.

For the past 26 years, Figueroa has served as a philanthropic advisor to numerous celebrities. He specializes in forging meaningful relationships with celebrities with non-profit organizations to heighten awareness for social impact campaigns.

Partnering with actors/activists Eva Longoria, Forest Whitaker, and author Eric Schlosser (Fast Food Nation), David Damian has brought greater focus to the farmworker issue, working as executive producer on the critically-acclaimed documentary Food Chains, which focused on the corporate food supply chain and the Coalition of Immokalee Workers Fair Food Campaign.  He was also was associate producer of The Harvest—The Children Who Feed America/La Cosecha—Los niños que alimentan America.

Prior to committing to service in the non-profit sector full-time, Figueroa achieved an influential role in the entertainment industry, fostering the success of clients including José José, El Show de Johnny Canales, Boyz II Men, Arista Latin, MCA Polygram, BMI Latin, Motown Latino, Tito Puente, Celia Cruz, Marc Anthony, and India for RMM/Universal.

Founded in 1981, Farmworker Justice is a nonprofit organization that seeks to empower farmworkers to improve their wages and working conditions, immigration status, health, occupational safety, and access to justice. For more information, please visit www.farmworkerjustice.org

July 26, 2018

The House Appropriations Committee today, in the spending bill for the Department of Homeland Security, inserted a fundamental, substantive policy change to the H-2A temporary foreign agricultural worker program. The amendment would expand the scope of the H-2A program to allow H-2A visas to be issued without regard to whether the jobs are temporary or seasonal.  Rep. Newhouse (R-WA) led this effort.

 

June 25, 2018

Farmworker Justice strongly supports the Fairness for Farm Workers Act introduced today in the Senate and the House by Sen. Kamala D. Harris of California and Representative Raúl M. Grijalva of Arizona with numerous cosponsors. Farmworker Justice and our partners have been working with members of Congress on this important step toward treating agricultural workers with the respect they deserve.