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Growers rely on farmworkers. Growers nationwide have had difficulty recruiting farmworkers for years due in part to low unemployment and changing immigration policies. The only option for growers to supplement their workforce is the H-2A temporary visa program.
The March 28 Seattle Times article “Why Washington’s farmworkers are disappearing” didn’t include growers’ perspective or an accurate picture of how we employ farmworkers. It’s important to set the record straight.
The H-2A temporary agricultural worker program requires active recruitment of local workers. Jobs are advertised to local workers by growers and WorkSource beginning about 60 days before they start. Farmworker advocacy groups can choose to be notified when H-2A jobs are filed so they can spread the word to local farmworkers. The notices and online listings include the phone number, address and email address of the people hiring.
The employer must pay for transportation and housing for all H-2A employees. Employers must also pay at least a “super minimum wage” set by the U.S. Department of Labor for all H-2A jobs worked by foreign and local workers. The current H-2A minimum wage in Washington state is $19.25 per hour, which applies whether pay is hourly or by the piece. The H-2A minimum wage almost always increases yearly and has increased wages across the board in Washington agriculture. Farms that are near a farm paying H-2A wages increase pay to match the H-2A wages, or face losing employees due to competition.
Washington surveys farmworkers and farm employers about wages every year. These results are based on responses by the individuals surveyed and so must be considered “anecdotal,” whether the response is from a farmworker or farm employer. A statement was made in the article that the farm wage surveys currently done by Washington are not “real” because they rely on the verbal responses of employers. But the new farmworker survey required by SHB 2226, passed in the 2024 legislative session, will also be anecdotal, as it relies on verbal responses from farmworkers instead of an examination of payroll records.
The state Agricultural and Seasonal Workforce Services office, which processes and monitors H-2A applications, has Spanish-speaking staff visit every farm with an H-2A contract every year. They review payroll on some farms to determine if the wages promised are being paid and have found no problems with wages to date. On farms where the ASWS staff don’t look at payroll, they pass out contact information to workers so they know how to make a complaint or ask questions about their pay, working conditions or legal rights. Additionally, the U.S. Department of Labor’s Wage and Hour Division performs audits of H-2A employers to make sure they are paying required wages.
Regulatory compliance is essential to farming in Washington. Farmworkers in this state are covered by workers’ compensation, minimum wage, unemployment insurance, overtime, sick leave, anti-discrimination laws, the Paid Family and Medical Leave Act, the Family Care Act, work rules for minors, rest and meal breaks, the full spectrum of occupational safety and health rules and more at the state level. Laws such as the FMLA and the Migrant and Seasonal Agricultural Worker Protection Act apply at the federal level.
Washington’s citizens, and the people who work in Washington’s agriculture industry, deserve accurate information in the media about the employment and labor standards covering farmworkers in their state.
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