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Does Your Dairy Operate a Seasonal Farm Labor Camp? Read This Before You Decide!

by Richard Stup

Since dairy farms operate as year round businesses, we often don’t pay any attention to the special laws and regulations that govern seasonal labor. We think that those issues are relevant only to traditionally seasonal operations such as fruits and vegetables. However, there is at least one regulation that dairy producers should be aware of, seasonal farm labor camps.

Pennsylvania’s definition of a seasonal farm labor camp includes:

  • One or more individuals employed in agricultural labor on a seasonal or other temporary basis AND
  • camps owned, leased, or operated by an employer or farm labor contractor where four or more unrelated individuals occupy the camp on a yearly basis.

The second point includes dairy farmers who provide housing for four or more unrelated individuals. This means that a dairy farmer who provides such housing must get a permit from the PA Department of Agriculture and must abide by regulations that govern such camps. (Yes, this regulation still applies even though the employees are not seasonal.)

The Pennsylvania Department of Agriculture regulates seasonal farm labor camps and provides a website on the topic. Visit their website or call them (717-787-4315 ) to learn more about camps and how to apply for a permit. You can also download a self inspection form from the website to get yourself prepared.

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No-Match Delayed Indefinitely, But It’s No Time to Relax

by Richard Stup

The proposed new No-match rules have been put aside for the time being. A federal judge ruled that the potential damages to innocent people outweighed the Department of Homeland Security’s need to implement the rule. So the proposed no-match rule is put off indefinitely. It may end up in a battle that eventually goes to the Supreme Court. For more on this topic, visit this article from Workforce Management newsletter.

So, does this mean farm employers can rest easy? Hardly. Homeland Security is still using all means available to them to enforce current law and put pressure on employers. All employers should make sure that they have properly completed I-9 forms for all employees.

It is also important for employers to understand that there is a difference between “knowingly” and “unknowingly” employing people Read the rest of this entry »

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No-Match Enforcement Delayed Further

by Richard Stup

A federal judge in California delayed enforcement of the proposed Social Security No-Match rule for another 10 days. The judge will use that time to prepare a decision about the legality of the proposed rule. More details on this process can be found at this Yahoo! news site. Employers should use this time to continue reviewing their own files and ensuring that they are in compliance with the law.

U.S. News and World Report has given nationwide coverage to the disturbing North Dakota raid that took place in April of this year. The article also explores the economic effects of immigration raids.

Meanwhile, in Washington D.C., agricultural groups that favor immigration reform are working to resurrect the AgJobs bill.

For more information on immigration issues and information on how employers can comply with the law, go to: http://dairyalliance.psu.edu/hr/hispanic/ 

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Judge delays Social Security No-Match Rule

by Richard Stup

A federal judge in California temporarily blocked the Department of Homeland Security from implementing the new social security no-match rule. The rule was supposed to go into effect on September 14th but is now delayed until at least October 1st. The judge, in issuing her injunction, stated that the federal agencies needed to show clear evidence that a no-match letter should lead an employer to reasonably infer that an employee is here illegally.

For more on the immigrant workforce, see the Dairy Alliance website.

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Social Security No-Match Letters, “Safe Harbor”, and other Immigration Issues

by Richard Stup

Recent changes in the rules about social security no-match letters and immigration raids have gotten a lot of attention in agriculture. Beginning September 14th, employers who knowingly employ people who are not authorized to work in the U.S. will soon be at risk of criminal prosecution and increased fines. In some cases, social security no-match letters could be evidence of “knowingly” employing someone who is not authorized to work.

The following information is provided as a resource to help employers understand and comply with the law. Topics include: the I-9 form, social security mismatch letters, responses to immigration enforcement, community relations, and online verification of work authorization documents. You can also access this information at the Dairy Alliance website.

Completing Form I-9, Employment Eligibility Verification

  • Must be completed for ALL employees within three business days of the date employment is to begin
  • Must be completed by the employer or employer’s representative, not by anyone else

    Read the rest of this entry »

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Podcast: Penn State Dairy Alliance – It’s About Collaboration

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Myths about Immigrant Dairy Farm Workers

By Richard Stup

Many people are misinformed about the employment of immigrant (mainly Hispanic) farm workers in agriculture. In the dairy industry at least, Hispanic farm workers have almost exactly the same employment situations as their counterparts from the local population.

Myth #1: Immigrant farm workers are low paid. Farming is not a get-rich-quick scheme but dairy farm wages are competitive with many other industries. Cornell research from 2004 placed average cash wages for dairy workers at $7.51 in New York. An informal survey done in Pennsylvania… Read the rest of this entry »

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Why are immigrant farm workers in Pennsylvania?

by Richard Stup

Few Local Workers
Pennsylvania is a large and productive agricultural state. Many jobs are created in the agricultural industry that help to bring a wide variety of high-quality products to the market at very affordable prices. Unfortunately, too few residents of local communities are aware of farm employment opportunities or willing to take them. Advertisements for farm jobs in local newspapers and job banks go unanswered. Farm jobs have a mostly undeserved reputation in the public’s consciousness of being hard, dirty, and low-paying. True, the work is sometimes physically demanding, exposed to the outdoor environment, and sometimes you get dirty. On the other hand, the pay is usually quite competitive with other entry-level jobs, you’re not stuck inside all day, and you may perform a variety of tasks that are not found in other jobs. In the dairy industry, many jobs are very engaging, especially for people who enjoy working with animals.

Supply Meets Demand
In the last 5 to 10 years, immigrants from Mexico and other Spanish-speaking countries have discovered the great demand for farm employees in Pennsylvania. They come from places where wage rates are only about one tenth of what they can earn here. Farmers provide good wages typically ranging from $8 to $12 per hour in Pennsylvania and often including benefits such as housing and health care. Farmers indicate that Hispanic employees tend to be very dependable and hard-working. In the dairy business it is critically important to have a reliable workforce that shows up to milk the cows on time, this need is met by the Hispanic workforce. Thus the combination of farm employers finding a reliable workforce and employees finding lucrative and satisfying job opportunities is an almost irresistible attraction.

These are the primary reasons for the dramatic growth of the immigrant (mainly Hispanic) workforce in Pennsylvania.

You can read more about what motivates Hispanic immigration in this paper from the 2005 Conference on Managing the Hispanic Workforce.

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Dairy Management…A Career Choice?

By Richard Stup

One of the most common complaints from dairy producers today is that it is very difficult to find and keep good employees. This problem has led many people to turn to the Hispanic workforce as an alternative source of employees. While this option has worked for many people, it is an option that carries it’s own set of risks. These risks include: language barriers in the workplace and the likelihood that some of these workers are not legally eligible to work in the U.S.

The dairy industry is not alone in facing this problem. A March 4th article in the Centre Daily Times pointed out that the trucking industry faces similar problems with an annual driver turnover rate of over 100 percent. Their problem is exacerbated by the need for drivers to be away from home for extended periods of time and stagnant pay rates.

The dairy industry is facing a shortage of people to fill middle management jobs such as herdspersons and parlor managers. The public is largely unfamiliar with modern agriculture and unaware that there are job opportunities in the industry. The industry has always relied on recruiting kids who grew up on farms to study agriculture and return to the industry, unfortunately there aren’t enough of those kids anymore. It is time for the dairy industry to start presenting itself as a viable career option for people in the general public who might be interested. Dairy management jobs pay well, involve working with animals, and allow people to be home with their families at night. These are features and benefits of careers in agriculture that people need to learn about. In order to secure a sufficient workforce, the industry must do a better job of recruiting, training, and promoting employees.

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Ethanol plants + distillers grains – How will this impact nutrient management? by Virginia Ishler

Feeding distiller’s grains to dairy cattle is nothing new. This ingredient has been included at levels of 25-35% in grain mixes and up to 10% of the total ration dry matter for as long as rations have been formulated. So why is there renewed interest in distiller’s grains? Read the rest of this entry »

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