Farmworker Justice Update: 02/21/19

Farmworker Justice Update: 02/21/19

Fairness for Farm Workers Act Would Grant Farmworkers Overtime Pay

On February 7, Senator Harris (CA) and Representative Grijalva (AZ) introduced the “Fairness for Farm Workers Act of 2019,” S. 385/H.R. 1080. The bill would address the discriminatory treatment of farmworkers under the 1938 Fair Labor Standards Act (FLSA) by extending overtime protections to farmworkers and removing many of the remaining minimum wage exclusions still applicable to agricultural work. Under the legislation, people working in agriculture would eventually be entitled to time-and-a-half pay for working more than 40 hours in a week. Farmworker Justice strongly supports this legislation. For more information on the Fairness for Farm Workers Act, please see our fact sheet.

Agriculture and Immigration Policy Debate Heating Up

The Los Angeles Times recently published a letter to the editor by FJ’s president Bruce Goldstein, entitled “Immigrant farm laborers deserve more than just 'guest worker' protections.” The letter was in response to an op-ed by the president of the American Farm Bureau Federation, Zippy Duvall, arguing for changes to the H-2A guestworker program.

Washington State Bill Could Eventually Fund H-2A Program Oversight with Employer Fees

State lawmakers in Washington recently introduced SB 5438, a bill that would create a new office to monitor the H-2A program within the state’s Employment Security Department (ESD). The ESD has stated that its funding is insufficient to adequately oversee the H-2A program in the state, which has grown more than 1,000 percent over the past decade. Farmworker advocates, including Farmworker Justice, have contended that more resources are needed to carry out prevailing wage surveys and other obligations. The original bill established fees from farmers for each H-2A application, as well as a per-employee fee. However, last week the state’s Senate Committee on Labor and Commerce approved a revised version of the bill that would delay the implementation of employer fees until 2022. In the meantime, the office would be funded by additional appropriations. The revised bill also calls for a cost analysis in 2021 to determine whether fees are needed. Employer groups claim the delay in fee implementation will give them more time to lobby the federal Congress for funding. The bill is still being considered in the state Senate and is scheduled for a public hearing in the Committee on Ways and Means on February 25.

Trump Signs Federal Appropriations Bill and Declares National Emergency on Southern Border

On February 15, President Trump signed an appropriations bill providing funding for the remainder of FY 2019 (through September 30, 2019) for several government departments. The bill includes $1.375 billion for the construction of “barriers” along the southern border as well as funding for upgrades to ports of entry. It also includes a modest increase of $6 million for subsidies to build farm labor housing, among many other provisions. On the same day, President Trump also issued a presidential proclamation declaring a national emergency at the southern border, in an attempt to secure billions more in funding for wall construction from other sources. Multiple lawsuits challenging the emergency declaration have already been filed. Congress is reportedly planning to introduce a resolution against the declaration tomorrow (February 22).

William Barr Confirmed as Attorney General

On February 14, William Barr was confirmed by the U.S. Senate to be the next U.S. Attorney General, by a vote of 54-45. He was formally sworn in later that day. Barr previously served as Attorney General under President George H.W. Bush. Barr has long been a proponent of broad Presidential authority and authored a memo before his confirmation questioning the ongoing Mueller investigation.

“Sensitive Locations” Legislation Introduced in House

On February 6, Representative Espaillat (NY) introduced the “Protecting Sensitive Locations Act of 2019,” H.R. 1011. The bill would codify and expand existing agency guidance limiting immigration enforcement actions at “sensitive locations” such as hospitals, schools and places of worship. The bill prohibits enforcement actions – including arrests, interviews, searches and surveillance – at these locations, except in extenuating circumstances such as a national security threat. The bill specifies that any medical treatment or health care facility, including community health centers, is considered a sensitive location. Early childhood education programs are also explicitly listed as sensitive locations. Additionally, the bill expands the types of sensitive locations to include courthouses, congressional offices and public assistance offices, among others. Farmworker Justice supports this bill.

Update on Farmworker Health and Safety

Pesticide Safety: PRIA Unanimously Passed in Senate

On February 14, the Senate unanimously passed the reauthorization of the Pesticide Registration Improvement Act (PRIA), legislation that provides much-needed funding for the Environmental Protection Agency (EPA)’s pesticide evaluation and registration process. The bill is supported by a broad coalition of stakeholders including industry representatives and environmental organizations. Farmworker Justice is a part of the PRIA coalition, and supports the bill’s funding for regulatory activities related to worker protection, including the Worker Protection Standard (WPS) and the Certification of Pesticide Applicators (CPA) rule. The PRIA bill passed by the Senate last week is identical to the one previously passed in June 2018, which contains language safeguarding key provisions of the WPS and CPA rule. Both regulations had been targeted by the EPA for potential roll-backs, but the EPA recently withdrew these efforts. The House is scheduled to vote on PRIA early next week.

Federal Chlorpyrifos Case to be Re-Heard by Larger Panel of Judges

Earlier this month, the 9th Circuit Court of Appeals granted the Environmental Protection Agency (EPA)’s request for another hearing in a case regarding chlorpyrifos, a highly toxic pesticide. The lawsuit, in which Farmworker Justice is a plaintiff (and which has been mentioned in previous FJ updates), asks that EPA ban the pesticide, in accordance with its own scientific findings. The agency had been set to ban the pesticide before reversing its decision in 2017. The case will now be re-heard and decided by a panel of 11 judges. The original panel of 3 judges that previously heard the case ruled that the EPA should ban the pesticide, which led to the EPA’s request for another hearing. In the meantime, use of the pesticide can continue, posing a significant health risk for farmworker communities.

Maryland Considering Legislation to Ban Chlorpyrifos

As litigation and advocacy regarding chlorpyrifos continues at the federal level, a bill banning the chemical has been introduced in the Maryland legislature. Chlorpyrifos is already banned for use in residential settings. Farmworkers also deserve to be protected from this highly toxic chemical. As stated in a recent editorial in the Baltimore Sun, doing nothing to ban chlorpyrifos will mean continued harm to children and others. An op-ed in the Delmarva Daily Times, co-written by Migrant Clinicians Network and Farmworker Justice, highlights the unique harm the pesticide poses to farmworkers and rural residents. Maryland lawmakers should side with human health and safety by supporting HB 275 / SB 270.

Article Highlights Mental Health Challenges for Farmworkers

A recent Huffington Post article discusses the mental health challenges faced by farmworkers, which are often exacerbated by their living and working conditions, as well as immigration status and lack of access to health care. As stated by FJ’s director of occupational and environmental health, Virginia Ruiz, mental health issues cannot be divorced from policy, particularly immigration and health care policy.

Farmworker Justice Resources on Access to Health for Farmworkers

Farmworker Justice recently released “The Unidos Initiative: Mobilizing to Eliminate Barriers to Health and Healthcare in Farmworker Communities.” This report summarizes the processes, findings and impact of the skin cancer prevention component of the Unidos initiative; a community mobilization program directed by FJ in AZ and CA. The report also identifies program gaps and discusses recommendations for building on the successes of this unique project. Additionally, FJ’s report with Harvard’s Center for Health Law and Policy Innovation, “The Promise of Telehealth,” discusses the current state of telehealth in the United States, opportunities that telehealth provides for improving access to health care for rural residents, and the unique position that community health workers occupy as potential facilitators of telehealth technologies in rural farmworker communities. Together, these reports provide a unique perspective on the effectiveness of community mobilization-based strategies, community health workers, and telehealth as means of providing accessible specialty care to farmworkers.