Figuring Out Farm Labor Issues Is Full-Time Job
June 18, 2013 
1. Have you seen an uptick in interest among growers in Florida in the H-2A program?
Scott: Yes, just like everywhere else in the country. As the U.S. economy improves, the need for labor increases but the supply of it decreases. The citrus industry in Florida has relied on H-2A for many years. Now we’re hearing more and more from nursery growers, produce growers, beekeepers, and dairies. The labor situation in Florida is getting pretty desperate.
2. Why is the labor situation becoming more problematic?
Scott: There are a few possible answers. When the economy went bad, many undocumented workers went back home and couldn’t get back into the country or chose not to come back. As the economy picks up, workers move back into construction and other fields that pay more than ag jobs. Documented workers that were given amnesty in 1986 are retiring. The next generation of Hispanics is no more interested in farm work than the next generation of non-Hispanics. More employers are using E-verify and losing access to the undocumented workforce.
3. What are the biggest impediments of using the H-2A program for growers?
Scott: There is a great deal of paperwork required by the three federal government agencies that are involved in the program. Though as employers’ agents, we handle as much of that for our grower clients as we can. The wages, which must be paid to H-2A and domestic workers working on the same farms, are artificially high (though better in Florida and the rest of the Southeast than much of the rest of the country) and regulatory oversight bordering on harassment seems the rule under the current administration in Washington.
4. If the current immigration reform bill in Washington passes, how will growers who use H-2A have to adjust?
Scott: First of all, even if comprehensive immigration reform gets through the Congress, it won’t show up on the ground for at least two to three more years. Once it does, there is expected to be a transition from the current H-2A program to “W” visas. Congress’ intent is for these new visa programs to be more user-friendly, but we won’t really know what they’ll look like until the regulators finish converting laws into regulations. In any case, the shortages are here now, and the H-2A program — as difficult as it might seem — is the only game in town for securing capable, reliable, and legal labor for agriculture.
5. How will the Affordable Care Act impact agricultural employers and their seasonal workers?
Scott: The Affordable Care Act will affect growers the same way it will affect all small employers throughout the economy. It will increase the cost of doing business. As we understand the new regulations, seasonal workers (H-2A or otherwise) will be counted toward determining whether a given employer is big enough to be required to provide care, but the seasonal workers may or may not actually utilize the services depending on how long they are actually present on any particular farm.
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