Department of Labor | The Batavian

Hawley 'deeply disappointed' with decision to move forward with reduced farmer worker OT

By Press Release
Feb 23, 2023, 3:48pm

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) is deeply disappointed by Department of Labor (DOL) Commissioner Roberta Reardon’s decision to move forward with the previously-proposed reduction in the farm worker overtime threshold. The measure, which has been hotly debated for a number of years, was finally approved by the DOL this Wednesday. Hawley is concerned about what this will mean for the future of New York farmers.

“For the past three years, my colleagues and I have advocated for the family farmers of New York who have told us time and again that any changes to the overtime threshold would severely impact their economic security. I’m deeply disappointed that the DOL and Commissioner Reardon have ignored those pleas,” Hawley said.

“Agriculture is the largest industry in New York, and its workers are the best in the nation. But for these smaller farms trying to get by, the costs just skyrocketed, and the burden of this mandate will unfortunately cause many farmers to fall by the wayside. With this reality in mind, I can’t help but wonder who the DOL thinks it is helping,” Hawley concluded.

Good news for farmers and their workforce: feds streamline and modernize H-2A visa program

By Press Release
Jan 15, 2021, 11:36am

Press release:

U.S. Secretary of Agriculture Sonny Perdue today issued a statement applauding the Department of Labor’s final rule modernizing the H-2A visa program:

“This final rule streamlining and modernizing the H-2A visa process will go a long way in ensuring American farmers have access to a stable and skilled workforce, all while removing unnecessary bureaucratic processes," Secretary Perdue said.

"USDA’s goal is to help farmers navigate the complex H-2A program that is administered by Department of Labor, Department of Homeland Security, and the State Department so hiring a farm worker is an easier process. These modernizations make the Federal government more responsive to our customers, ensuring American agriculture continues to lead the world for years to come.”

Background

The final rule will streamline the H-2A application process by mandating electronic filing of job orders and applications. These elements are designed to bring the H-2A application process into the digital era, by harnessing the power of the FLAG electronic filing system to share information with other federal agencies like the Department of Homeland Security while also sharing information with the State Workforce systems and domestic farmworkers.

Additionally, the final rule will provide additional flexibilities to cut down on unnecessary burdens on the agricultural employers that use the program. These flexibilities include the ability to stagger the entry of workers into the country over a 120-day period and allowing agricultural employers the flexibility to file a single application for different dates of need instead of multiple applications.

U.S. Ag secretary announces modernization of 'burdensome' H2A visa process for farm labor

By Billie Owens
Sep 20, 2019, 11:43am

Press release:

Washington, D.C. -- U.S. Secretary of Agriculture Sonny Perdue issued the following statement today (Sept. 20) highlighting actions announced by the Department of Labor (DOL) which will modernize the burdensome H2A visa process.

First, DOL published a common-sense rule that eliminates the requirement to advertise a job opening in print newspapers, instead shifting to advertising on the DOL and State Workforce Agency websites, which are further reaching and more cost effective. Also, DOL’s Office of Foreign Labor Certification announced updates to the pertinent H-2A forms and online filing process for the H-2A temporary agricultural program.

These two actions will ease regulatory burdens on our farmers and ranchers, making it easier for them to follow the law and hire farm workers through the H-2A program.

“Both of these actions by DOL are critical changes the Administration is making to improve the H-2A application process,” Secretary Perdue said. “President Trump is committed to ensuring our farmers and producers have access to a stable, legal agricultural workforce.

"By streamlining these processes, DOL is bringing the H-2A process into the 21^st century allowing farmers to be able to better and cost-effectively advertise for workers they need and fill out the required forms faster and more efficiently, because no one should have to hire a lawyer to hire a farm worker. I commend President Trump for his continued support of America’s farmers, ranchers and producers.”

Background:

In addition to making it easier for Americans to find and fill open jobs, the Final Rule will reduce regulatory burdens like the requirement that all employers advertise in a print newspaper of general circulation in the area of intended employment as the method of recruitment. Department of Labor’s system updates increase ease of use for farmers and producers who apply for H-2A employees.

As any employer knows, hiring forms, applications and rules are cumbersome, time intensive, and duplicative that lack flexibility and common sense. These changes demonstrate the Trump Administration’s commitment to releasing the regulatory burden from our agricultural producers, making it easier for them to hire a stable and legal workforce. The more time a farmer spends on paperwork, the less productive they are, hurting their business and way of life.

DOL’s new labor application process modernizes two forms by making them electronic forms, removing time intensive paper applications that require delivery via mailing. The Department of Labor will continue to accept online submissions of the current Form ETA-9142A (and job orders uploaded using the current Form ETA-790, Agricultural and Food Processing Clearance Order) through the iCERT System until Oct. 16.

Beginning Oct. 1, an employer seeking to employ emergency, H-2A workers or those starting on or after Dec. 15 must submit a job order using the new form ETA-790/790A (and corresponding addendums) and an H-2A application using the new form ETA-9142A (and corresponding appendices) in the FLAG System.For more information, visit DOL’s Foreign Labor Application Gateway(FLAG) page.

DOL’s Electronic Recruitment Rule rescinds the requirements to advertise a job opening in the newspaper, expands and enhances electronic job register, and uses State Workforce Agencies to promote job openings.