Getting workers on time is a major wrinkle. Technical difficulties have caused delays at the various federal agencies, costing growers millions of dollars in lost product. In 2014 and 2015, the State Department experienced computer glitches that held up visas and stranded workers at the Mexican border.
In January of this year, the Department of Labor acknowledged network problems with its certification system, causing processing delays of 10-plus days in California. The problem was further complicated by Immigration Services, which took two weeks to process petitions that were supposed to be completed in five business days. In a letter to California congressional members, Nassif warned that such delays could be “catastrophic” to growers.
Labor and the Law
Numerous federal and state laws have been enacted since the Great Depression to improve conditions and protect workers from abusive labor practices. Here’s information on seven acts:National Labor Relations Act (1935)
Protects the rights of employees to organize and bargain collectively when negotiating wages, working conditions, and other benefits. While considered landmark legislation, the law does not cover agricultural workers.Fair Labor Standards Act (1938)
Applies to companies with more than $500,000 in annual business, setting a minimum hourly wage, overtime pay, and a maximum number of weekly work hours. The Act also required recordkeeping and banned child labor. Farm workers were not covered until 1966—though they are exempt from overtime pay and on small farms, from both the minimum wage and overtime.Federal Insecticide, Fungicide, and Rodenticide Act (1947)
Governs the registration, distribution, sale, and use of pesticides—includes accurate labeling practices and Worker Protection Standards to reduce the risk of illness or injury resulting from exposure to pesticides.Occupational Safety and Health Act (1970)
Sets standards and enforces workplace safety and requires employers to maintain records of on-the-job injuries and illness. Small farming operations with 10 or fewer employees (excluding family members) are exempt, though establishment of a temporary labor camp can change this status.California Agricultural Labor Relations Act (1975)
Protects the rights of workers to unionize and select their own representatives in contract negotiations with an employer. The law prohibits employers from interfering with these rights, protects workers from restraint or coercion by unions or employers, and prohibits unions from engaging in certain types of strikes and picketing. An amendment established the Agricultural Employee Relief Fund, which collects fines from an employer found guilty of unfair labor practices, and distributes the money to any employees who were harmed.Migrant and Seasonal Agricultural Worker Protection Act (1983)
Establishes employment standards related to wages, housing, transportation, disclosures, and recordkeeping. Farm labor contractors and their employees must register with the Department of Labor; growers must ensure workers have a valid registration. Exceptions include small growers, family members, and local contracting.The Immigration Reform and Control Act (1986)
Envisioned to control illegal immigration by requiring that only aliens authorized to accept employment in the United States may be hired. Employers and farm labor contractors must verify the identity and employment eligibility of laborers (or face penalties) and can be fined for discriminatory practices against both citizens and authorized aliens. The Act separated H-2 visas into agricultural (H-2A) and nonagricultural (H-2B).
The American Farm Bureau Federation concurs; at the end of April close to two dozen farm bureaus across the country were already reporting shortages as the harvest season began.
