Dairy Alliance Blog

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.

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 »

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/ 

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.

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 »

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 »