Farm labor 2018 & Beyond Dan Bremer AgWorksH2, LLC 800-280-8063

Challenge: Labor Force Participation Rate Aging Workforce Continuing Education Disability Claims Welfare ?

Challenge: Reverse Migration with Mexico Jordan, M. (2015). Mexican Immigration to U.S. Reverses. Retrieved November 08, 2016, from http://www.wsj.com/articles/mexican-immigration-to-u-s-reverses-1447954334

Growth in the H-2A Program 2011 2012 2013 2016 2017 % Change Determinations 7,361 8,047 8,388 8,801 10,115 14.9% Application Certified 7,000 7,845 8,118 8,297 9,797 18.08% Positions Requested 83,844 90,362 105,735 172,654 206,156 19.40% Positions Certified 77,246 85,248 98,821 165,741 200,049 20.70% Data Courtesy of the Office of Foreign Labor Certification

The Ever-Changing Employer Landscape Growing overall labor shortages will result in: Increased labor cost Labor-side leverage Probability of growing regulation Ultimate loss of ag-exemptions (See California OT) Continued shift in how ag-business is done Increased mechanization [productivity]

Labor Supply Options State Workforce Agency Mentor and Internships Enhancement of Existing Workforce Substitute Machines for Workers Halfway House / Work Release / Prison Agreements Internet and Social Media Day Labor Sites Telamon / Other Non Profits

Labor Supply Options Ethnic Newspapers / Local Newspapers / Radio Ethnic Worship Venues Word of Mouth Join With Neighbors to Enhance Hours or Duration of the Job Farm Labor Contractors

When All Else Fails Enter With Extreme Caution H-2A Visa Program Enter With Extreme Caution Fundamentally Changes Your Operations Be Prepared Well in Advance

H-2A Visa Program Understand all the basic aspects of the H2A Visa Program Contract with an Attorney or Professional Consultant Housing: One year out, plan, start construction, finish, inspect Record Keeping: One year out, plan, implement, test, routine procedures Ownership: One year out, plan on what entity will employ the workers, what crops, where, time frame

H-2A Visa Program Pay Plans: Six months out, plan on hourly, piece rates, state mandated piece rates, supervisors/rates Transportation: Two months out, plan, purchase, inspect, set up monitor program

H-2A Visa Program Corresponding workers: Six months out, plan, start hiring process, experience, productivity, bonus, benefits Foreign Workers: Six months out, how many, who will find and hire, processing in their country, prohibited fee agreements Periodic Monitoring: Prior to start of contract period, how to monitor records, transportation, hours worked, housing, training, other

H-2A Visa Program Preparation for Audits: Ongoing, plan, record, systemic monitoring, record retention, training US Department of Labor, Wage and Hour Division: When they Show Up, who will meet with them and answer questions, transportation inspection, housing inspection, records inspection, introduction to employees, final conference

Who Can Use H2A Individual Agricultural Employers Farm Labor Contractors Association of Agricultural Employers

H-2A Visa Program Highlights Hire All Eligible Applicants – Local and Domestic Job Qualifications, Experience Workers Compensation Corresponding Employment – Contamination Salary – Bonus – Extra Pay Record Keeping – Hours Offered – Pay Stubs Pay the Adverse Effect Wage Rate GA/SC/AL - $10.95 MS/LA/AR – $10.73 FL - $11.29 NC - $11.46 VA - $11.46

H-2A Visa Program Highlights Three Quarter Guarantee Free Housing – Meals - Hotel Free Transportation – On Farm – To USA/Return Pay Recruitment and Processing Fees Only Work for You Transfers Time Frames

Investigation Management One Person to Deal with Government Wherever They Go – You Go Initial Conference – Housing – Transportation Employee Interviews – Private but you introduce the government agents to employees Records Final Conference BE PREPARED WHEN THEY ARRIVE

Congressional Help Do not leave final wording up to Washington Congressman Buddy Carter Letters Congressman Goodlatte Bill Urge all agricultural interests around you to be involved U.S. Apple Association is a sound source of information and advocacy

Media Relations Designate One Person to Speak to Media Have Two or Three Topics / Stick to them Do not Speak Bad of Local Workers Say There Are Just Not Enough Local Workers to do the Work Emphasize American Workers Who Benefit from Your Crops / Machinery Sales, Etc. Do not be led into temptation

Questions? Seminar