By Frank Giles
The latest buzz word in agriculture is resilience. That sentiment was evident at the 2023 Florida Fruit & Vegetable Association (FFVA) convention in September. More than 500 attendees gathered in Naples to take care of association business, learn about key issues and enjoy time with industry peers. Despite plenty of challenges, growers were in good spirits during the gathering.
LABOR LOOMS LARGE
Florida’s fruit and vegetable industry is very diverse, but one issue rises to the top as a major concern — labor. It is a decades-old problem, which seems to be getting worse every year. Agricultural labor was a topic of much discussion during the convention.
Growers are concerned and still unclear about the effect Florida Senate Bill 1718 will have on agricultural labor. The law, which requires employers to use the E-Verify system and imposes criminal penalties on individuals transporting undocumented immigrants into Florida, took effect on July 1, 2023.
During the FFVA’s board of directors meeting, growers expressed concerns that the new law may result in some farmworkers staying away from Florida for fear of legal repercussions. Grower employers worry about their legal exposure when hiring immigrant labor.
U.S. Department of Labor (DOL) recently proposed a new rule pertaining to the H-2A visa program. The rule would layer more regulatory hurdles on top of an already cumbersome program. This is on top of the rules codified in March that adjusted the methods for determining the adverse effect wage rate (AEWR).
The rule would provide new protections for worker self-advocacy, including expanding and clarifying activities protected by the anti-retaliation provisions and rights of workers to invite and accept guests — including labor organizations — to employer-furnished housing. It also would make wages more predictable for agriculture workers by making new wage rates applicable immediately upon their publication in the Federal Register. The rule would enhance enforcement to improve program integrity by streamlining the debarment process for businesses that violate H-2A program rules.
In an earlier statement issued in response to the proposed rule, FFVA said, “the U.S. Department of Labor (DOL) is acting in place of Congress and circumventing U.S. Supreme Court decisions to create regulations which, in part, coerce farmers to give up private property rights in the name of worker protections. It’s clear the DOL has overstepped its authority… In light of congressional inaction, this trend of aggressive administrative rulemaking is exhausting the limited resources of U.S. growers and threatening the sustainability of an industry that helps feed, clothe and fuel the nation.
CALL TO ACTION
According to Fussell, agricultural labor reform is the ultimate goal, but there needs to be a focus on more immediate concerns, which include the proposed changes to the H-2A program.
“Rather than focusing so much on comprehensive agricultural labor reform, which we still need, we really are trying to narrow our focus to oversight of the DOL,” Fussell said. “We have to convince our friends in Congress that they need to pay more attention to what’s going on over on the administrative side.”
Fussell concluded his remarks by noting that the FFVA is preparing comments on the proposed H-2A rule to submit to the Federal Register. Talking points are also being prepared for growers to utilize to submit their own comments on the rule.
“I would ask that each of you add your own comments more than just forwarding our notes. It is important to add your farm’s perspective to it,” he said. “We really need to make some noise about this issue.”