Farmworker Justice Immigration Update 9/30/16

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.

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