H-2A Reform Rules Published

The long-awaited proposed H-2A Reform Rule changes have been published. It is over 500 pages long and several Ag Associations and lawyers are in the process of reviewing it. Expect more information to come out in the near future. In the meantime, our trusted labor legal expert, Rob Roy, with the Ventura County Ag Association has recapped some highlights shared with you below. Included in this reform are some positive changes to the Adverse Effect Wage Rate (AEWR) that Michael Marsh, with the National Council of Ag Employers (NCAE), has been working tirelessly for. The UFW, CRLA, Farmworker Justice and other anti-Ag associations will oppose these changes. I encourage you to get involved by joining the NCAE at some level to support Michael’s important work advocating for positive H-2A and AEWR reform. This reform proposal proves Michael is making progress so please join me in supporting him by clicking on the green link below.

Sincerely,
Steve

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Highlights from Rob Roy's Review of the DOL Proposal

• Streamline the H-2A application process by mandating the electronic filing of job orders and applications with the use of digital signature;
• Provide employers with the option of staggering the entry of H-2A workers on a single H2-A application;
• Strengthening protection for U.S. and foreign workers by enhancing standards applicable to rental housing and public accommodation;
• Strengthen security bond requirement;
• Expand the Department's authority to use enforcement tools like program debarment for substantial violations of program rules;
• Update the methods used to determine the Adverse Effect Wage Rates and prevailing wages to ensure U.S. workers similarly employed are not adversely impacted;
• Expand access to the H-2A program by revising the definition of agricultural labor of services to include employers engaged in re-forestation and pine straw activities.

UFW calls H-2A changes 'new low' while Farm Bureau approves
The United Farm Workers Tuesday said that the Trump administration’s changes to the H-2A certification program for farm workers set “a new low of hypocrisy, racism and self-dealing” while the American Farm Bureau Federation praised the rules released Monday. Read More

Labor Department proposal may lower minimum wage for seasonal farm workers
Employers may benefit from a more streamlined application process. But advocates say the proposed changes could be costly for the people who pick our food. Read More

H2-A reform finds grower support
Growers and industry leaders are praising the Trump administration’s plan to overhaul the H-2A guest worker program, changing the way wages are determined and streamlining other parts. Read More