New H-2A Wages Effective Dec. 29

Ernie NeffLabor

A recent issue of the Florida Citrus Mutual Triangle newsletter provided information about the wage that growers must pay H-2A labor, effective Dec. 29. H-2A workers are foreign agricultural workers who are allowed to work in the United States temporarily. In recent years, the vast majority of Florida citrus has been harvested by H-2A workers. The Employment and Training Administration …

barriers

Foreign Barriers to Florida Citrus

Daniel CooperDiseases, International, Trade

The Florida Fruit & Vegetable Association (FFVA) recently provided comments to the Office of the United States Trade Representative as part of the annual review of foreign barriers to U.S. exports and investment. The FFVA letter noted injury to Florida citrus caused by low-priced imports from Mexico and the European Union’s use of scientifically unjustified, non-tariff trade barriers. Letter excerpts …

rule

New Rule Streamlines H-2A Filing Process

Daniel CooperLabor, Regulation

The U.S. Department of Homeland Security (DHS) announced a final rule, effective Oct. 2, to streamline the filing process for certain temporary agricultural worker petitions. The rule allows U.S. Citizenship and Immigration Services (USCIS) to begin processing petitions for H-2A workers while the Department of Labor (DOL) reviews the requested employment to ensure it wouldn’t harm American workers. “This change allows …

FFVA

FFVA Urges Changes to H-2A Program

Daniel CooperLabor, Regulation

The Florida Fruit & Vegetable Association (FFVA) recently urged the repeal of two labor regulations that are driving up costs for growers using the H-2A program, which allows temporary foreign agricultural workers. The FFVA letter requesting the changes was sent to the White House Office of Management and Budget. FFVA called for the rescission of: The letter stated that Florida, …

H-2A

H-2A Wage Rate Methodology Concerns Ag Groups

Daniel CooperLabor

Eleven agricultural organizations wrote a letter to U.S. Secretary of Agriculture Tom Vilsack to express concerns about the way the H-2A temporary worker program’s adverse effective wage rate (AEWR) is determined. The organizations stated that the U.S. Department of Labor’s (DOL) use of the Farm Labor Survey (FLS) to establish the AEWR “is inconsistent with the intent of the FLS …

recommendations

H-2A Improvement Recommendations

Daniel CooperLabor

The U.S. Government Accountability Office (GAO) recently offered two recommendations for improving the H-2A visa program. The first recommendation is that the Department of Homeland Security (DHS) establish a schedule to process H-2A petitions electronically. The second recommendation is that the Department of Labor (DOL) evaluate options it could use to better locate workers to return back wages. The recommendations …

administrative

Final H-2A Farmworker Protection Rule Announced

Daniel CooperLabor

The U.S. Department of Labor (DOL) announced a final rule to strengthen protections for farmworkers. The rule targets vulnerability and abuses experienced by workers under the H-2A program. The H-2A program allows employers to hire temporary foreign agricultural workers.  Among other things, the final rule: The final rule is effective on June 28, 2024. However, H-2A applications filed before Aug. 28, 2024, …

assistance

Rule Would Bolster H-2A Farmworker Protections

Josh McGillLabor, Regulation

The U.S. Department of Labor (DOL) on Sept. 12 proposed a new rule that would strengthen protections for temporary foreign farmworkers in the H-2A program. This is the third proposed regulation tied specifically to the H-2A program in the last year. It follows the final DOL rule published in October 2022 that modernized key aspects of the H-2A program and …

Citrus Harvesting Trends in Florida

Josh McGillEconomics, Labor

By Ariel Singerman Harvesting citrus is manual and labor intensive, making the cost of labor a key component of the cost of harvesting. The H-2A guest worker program allows companies to temporarily hire non-U.S. citizens to perform agricultural labor or services of seasonal nature. Given that domestic workers for harvesting are in short supply, harvesting companies in Florida (and other …

lemon

Reasons for Less Argentine Lemon Production

Josh McGillCrop Forecast, International, lemons

Fresh lemon production in Argentina in 2022–23 is forecast to decline to 1.65 million metric tons (MMT), down from 2.1 MMT the prior year, the U.S. Department of Agriculture Foreign Agricultural Service (USDA FAS) reported recently. The decline is due to the impact of rising costs, which have prompted smaller producers to limit the maintenance needed on lemon-bearing trees and …

Adverse Effect Wage Rates Rule Challenged

Josh McGillLabor, Legal

In late February, the U.S. Department of Labor (DOL) pushed through a new methodology used to determine the hourly adverse effect wage rates (AEWR) for agricultural employers. The rule became effective March 30. Florida Fruit & Vegetable Association (FFVA) Director of Labor Relations Jamie Fussell discussed the action’s impact on growers: IMPACT ON EMPLOYERSSimply, the new rule may mean that …

assistance

New Dignity Act Aims to Reform Immigration and H-2A

Josh McGillLabor, Legislative

Bipartisan members of Congress led by Representatives María Elvira Salazar of Florida and Veronica Escobar of Texas on May 23 introduced an updated version of the Dignity Act (H.R. 3599). The act would reform immigration laws and streamline the H-2A program for temporary foreign workers.  The bill would aim to stop illegal immigration, provide a dignified solution for undocumented immigrants living in America and strengthen …

Actions Against H-2A Wage Rule

Josh McGillLabor, Legal, Legislative

Federal legislators have followed through on previously announced plans to try to overturn the Department of Labor’s (DOL) rule to determine wages for temporary foreign agricultural workers under the H-2A program. H-2A workers harvest a majority of Florida’s citrus crop. Legislators introduced House and Senate Congressional Review Act resolutions to nullify the DOL’s adverse effect wage rates (AEWRs) methodology rule. …

wage

Basics of the H-2A Final Rule

Josh McGillLabor, Regulation

The 2022 H-2A program final rule was published Oct. 12 and became effective Nov. 14. The vast majority of Florida citrus is harvested by temporary foreign workers within the H-2A program, so the rule has many implications for the state’s citrus industry. Jamie Fussell, Florida Fruit & Vegetable Association director of labor relations, discussed the final rule during the Nov. …

alico

H-2A Labor Program Amended

Josh McGillLabor, Regulation

The U.S. Department of Labor announced a final rule to amend H-2A temporary labor certification regulations to better protect agricultural workers and to update the application and certification process. The final rule becomes effective Nov. 14, 2022. The H-2A program allows employers to address temporary labor needs by employing foreign agricultural workers when there are not sufficient workers who are …

assistance

Florida Is Leading User of H-2A Workers

Josh McGillLabor

Florida accounted for 14% of H-2A jobs certified in 2020, making it the leading user of the temporary guest agricultural worker program. The U.S. Department of Agriculture’s Economic Research Service (USDA/ERS) recently reported that Florida and five other states accounted for 55% of the certified H-2A jobs in 2020. The other large H-2A users were Georgia (10%), Washington (10%), California …

Farm Safety and Health Week

Grower Associations Object to H-2A Wage Methodology

Tacy CalliesEconomics, Labor

Florida Citrus Mutual recently published the following statement about comments it submitted regarding the wage rate for temporary foreign H-2A workers: “On January 31, 2022, Florida Citrus Mutual, along with many other agricultural entities nationwide, submitted comments to the United States Department of Labor (USDOL) in reference to the proposed changes to the methodology for the adverse effect wage rate …

Growers Discuss Priorities for 2023 Farm Bill

Josh McGillAgriculture, Farm Bill, Legislative

The 2018 Farm Bill is set to expire in 2023, so preparations are underway to craft the behemoth legislation into law sometime next year. However, it is common for negotiations to extend into the following year. Whether the new farm bill is passed in 2023 or 2024, there’s a lot of work ahead. The farm bill was the focus of …