New rules for H-2A program released

Agriculture

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February 15, 2010

By GINA KINSLOW The Glasgow Daily Times Mon Feb 15, 2010, 09:44 AM CST

GLASGOW — The U. S. Department of Labor released last week new rules for the H-2A program, which is the temporary agricultural worker program.

Under the new rules, farmers can expect three primary changes. The first involves the wages farmers pay temporary agricultural workers.

“All of Kentucky will have one wage rate,” said Rick Alexander, executive director of the Agriculture Workforce Management Association in Lexington.

At present, farmers pay different wages for different types of agriculture work.

“It varies where you are in the state and what crops you have,” Alexander said.

He used tobacco as an example. Under the present regulations, tobacco farmers pay temporary agricultural workers around $8 per hour to cut, top and house tobacco. Other activities related to raising tobacco, such as stripping the crop, would require a different wage rate.

Under the new rules, farmers will pay temporary agricultural workers the same rate regardless of where they are and what type of work is being done.

“The second thing is they are extending the time for taking U.S. referrals,” he said. “That’s probably the key to this whole thing, wanting to give U.S. workers more opportunities to get these jobs.”

Farmers will now have 30 days after the start of the new contract to recruit US workers for the jobs. After that time frame has passed, farmers can hire anyone who is qualified for the jobs.

Farmers will also now be required to pay all fees incurred by the temporary agriculture workers, he said.

“Any fee the worker incurs ... they want the employers to pay,” Alexander said.

The new regulations go into effect March 15.

Alexander said the new rules are just more challenges for the farmer to stay in business and will impact farmers’ profits.

Farmers who submit their paperwork to federal farm labor contractors before March 1 will not be effected by the new rules.

“If they can get their contracts in before then it won’t make any difference this year,” said Ray Wilcoxson, a farm labor contractor for the U.S. Department of Labor in Horse Cave.

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