EXAMINATION OF LAWS AND REGULATIONS AFFECTING FARM LABOR CONTRACTORS A thesis presented by : Jennifer Wood

Overview What are FLCs? Significance Project methods Results Conclusions This is a broad gathering of information about a population in an industry for which little information is readily available.

Definitions In Law: anyone who, for a fee, recruits, hires, transports, furnishes, employs, or solicits seasonal farm workers. In media: coyotes, raiteros, slave drivers, wage thieves, exploiters FLCs operate throughout the US, moving immigrants to WI, MD, FL, CA, NM, etc. generally for a short period of time. They are helping their friends get jobs

Trends Migrant workers continue to enter agricultural labor Growers do not worry about new hires Farm labor contractors negotiate between the two parties, trying to make a living

Problem Statement FLCs : least researched vs. Growers or Farm Workers Likely to remain key element of farm labor “License” vs. “Registration” concepts

Significance Wage impact (need for training) Working conditions –Improve health of Farm Workers Consumers General Public needs awareness of agricultural labor (holes e.g. Workman’s Comp)

Research Objectives Development descriptions –FLCs --FLC regulatory laws –State laws Literature Review –Earlier surveys --Labor/ migration theory –Identify ideal FLC reg’ns in other states Identify trends/deviations in current FLC activty –Establish a baseline of knowledge in NM Propose Reforms in laws Educate –Public --FLCs

Methods Two surveys (initial and primary) Interviews –Regulators --Growers –Advocates --FLC FOIA (and clarification phone calls) My own, personal, attempt at registering as a FLC. Comparison of regulations/laws in various states

Convenience Survey March 4 Training Seminar 16 respondents Frame: those with CTF contacts, already interested in obeying laws Results: more info on –Unemployment -- Children –Wage rates -- DOL visits –Pesticides

My FLC application In person, oral questions, one signature Proof of ID Insurance, housing paperwork ≥ 1 month for processing

Interviews Through Chile Task Force –Advocates --Growers –Regulators --FLC 30 min. In Deming, El Paso, Across Doña Ana Goal: obtain individual perspectives, e.g.’s of (missed) opportunities

Main Survey Frame: 120 registrants with US DOL in El Paso Sample: 60 (survey sent twice, a reminder in between) 7 responses + 1 interview

Main Survey Results Half were interested in –more training –more difficult registration process –drug/alcohol a problem for quality Signage –easiest law Transport –hardest law Water/sanitation—most broken law Most felt could operate competently 4 INS visits; 5 USDOL

Other FLCs NM Dept of Ag Farmers Government Agencies N = 6

Quality Inspection (1) Payroll (5) Supervision (3) Bookkeeping (2) Processing (3) Services Provided N = 6

Years as FLC N = 6

Poor Good Fair N = 6

FOIA Unsuccessful with IRS Better with US DOL Applicants versus certifications Civil monetary penalties, cannot aggregate

Overall Results Who wants more training –Some (not all) growers, FLCs, advocates Who doesn’t –Cost conscious growers, old FLCs Who will provide and how? –DABCC attempts –Advocates (to FLCs and Farm Workers)

Major Weaknesses in FLCs Ignorance of basic business skills –Accounting, payroll taxes, legal accountability Lack of insurance –Transportation, WC, wage bonds NO rigor to federal registration

Problems w/ Enforcement 1 “visit” per year No explanations/ suggestions for improvement Unclear regulations on forms (need standards) “100 ft verification of documents” –BCIS needs warrants before entering fields

Other States California Florida Colorado Maryland Washington Idaho

Other States Proof of insurance (vehicle, wage, workman’s comp) Wage bonds Workman’s Compensation for Ag A verified legal contact Licensing Examinations –Re-ups –Question types

Possible Futures Mechanization? Foreign Imports? Unionization –Farm workers –FLCs

Uses for Results Present to state legislators, federal regulators, advocates Justification for reforms Directions for reforms

Conclusions Educate re: dangerous FLCs Educate General Public re: Ag labor Organize FLCs Reform federal “registration” –Exam = “license” Make enforcement a legitimate threat

Thank you Any Questions?

EXAMINATION OF LAWS AND REGULATIONS AFFECTING FARM LABOR CONTRACTORS Jennifer Wood Candidate for MS Ag Advisor: Rhonda Skaggs