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EXAMINATION OF LAWS AND REGULATIONS AFFECTING FARM LABOR CONTRACTORS

EXAMINATION OF LAWS AND REGULATIONS AFFECTING FARM LABOR CONTRACTORS. A thesis presented by : Jennifer Wood. Overview . What are FLCs? Significance Project methods Results Conclusions

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EXAMINATION OF LAWS AND REGULATIONS AFFECTING FARM LABOR CONTRACTORS

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  1. EXAMINATION OF LAWS AND REGULATIONS AFFECTINGFARM LABOR CONTRACTORS A thesis presented by : Jennifer Wood

  2. Overview • What are FLCs? • Significance • Project methods • Results • Conclusions This is a broad gathering of information about a population in an industry for which little information is readily available.

  3. Definitions • In Law: anyone who, for a fee, recruits, hires, transports, furnishes, employs, or solicits seasonal farm workers. • In media: coyotes, raiteros, slave drivers, wage thieves, exploiters • FLCs operate throughout the US, moving immigrants to WI, MD, FL, CA, NM, etc. generally for a short period of time. • They are helping their friends get jobs

  4. Trends • Migrant workers continue to enter agricultural labor • Growers do not worry about new hires • Farm labor contractors negotiate between the two parties, trying to make a living

  5. Problem Statement • FLCs : least researched vs. Growers or Farm Workers • Likely to remain key element of farm labor • “License” vs. “Registration” concepts

  6. Significance • Wage impact (need for training) • Working conditions • Improve health of • Farm Workers • Consumers • General Public needs awareness of agricultural labor (holes e.g. Workman’s Comp)

  7. Research Objectives • Development descriptions • FLCs --FLC regulatory laws • State laws • Literature Review • Earlier surveys --Labor/ migration theory • Identify ideal FLC reg’ns in other states • Identify trends/deviations in current FLC activty • Establish a baseline of knowledge in NM • Propose Reforms in laws • Educate • Public --FLCs

  8. Methods • Two surveys (initial and primary) • Interviews • Regulators --Growers • Advocates --FLC • FOIA (and clarification phone calls) • My own, personal, attempt at registering as a FLC. • Comparison of regulations/laws in various states

  9. Convenience Survey • March 4 Training Seminar • 16 respondents • Frame: those with CTF contacts, already interested in obeying laws • Results: more info on • Unemployment -- Children • Wage rates -- DOL visits • Pesticides

  10. My FLC application • In person, oral questions, one signature • Proof of ID • Insurance, housing paperwork • ≥ 1 month for processing

  11. Interviews • Through Chile Task Force • Advocates --Growers • Regulators --FLC • 30 min. • In Deming, El Paso, Across Doña Ana • Goal: obtain individual perspectives, e.g.’s of (missed) opportunities

  12. Main Survey • Frame: 120 registrants with US DOL in El Paso • Sample: 60 (survey sent twice, a reminder in between) • 7 responses + 1 interview

  13. Main Survey Results • Half were interested in • more training • more difficult registration process • drug/alcohol a problem for quality • Signage –easiest law • Transport –hardest law • Water/sanitation—most broken law • Most felt could operate competently • 4 INS visits; 5 USDOL

  14. N = 6 Farmers Other FLCs Government Agencies NM Dept of Ag

  15. N = 6

  16. N = 6 Services Provided Quality Inspection (1) Supervision (3) Payroll (5) Bookkeeping (2) Processing (3)

  17. N = 6 Years as FLC

  18. N = 6 Good Fair Poor

  19. FOIA • Unsuccessful with IRS • Better with US DOL • Applicants versus certifications • Civil monetary penalties, cannot aggregate

  20. Overall Results • Who wants more training • Some (not all) growers, FLCs, advocates • Who doesn’t • Cost conscious growers, old FLCs • Who will provide and how? • DABCC attempts • Advocates (to FLCs and Farm Workers)

  21. Major Weaknesses in FLCs • Ignorance of basic business skills • Accounting, payroll taxes, legal accountability • Lack of insurance • Transportation, WC, wage bonds • NO rigor to federal registration

  22. Problems w/ Enforcement • 1 “visit” per year • No explanations/ suggestions for improvement • Unclear regulations on forms (need standards) • “100 ft verification of documents” • BCIS needs warrants before entering fields

  23. Other States • California • Florida • Colorado • Maryland • Washington • Idaho

  24. Other States • Proof of insurance (vehicle, wage, workman’s comp) • Wage bonds • Workman’s Compensation for Ag • A verified legal contact • Licensing Examinations • Re-ups • Question types

  25. Possible Futures • Mechanization? • Foreign Imports? • Unionization • Farm workers • FLCs

  26. Uses for Results • Present to state legislators, federal regulators, advocates • Justification for reforms • Directions for reforms

  27. Conclusions • Educate re: dangerous FLCs • Educate General Public re: Ag labor • Organize FLCs • Reform federal “registration” • Exam = “license” • Make enforcement a legitimate threat

  28. Thank you • Any Questions?

  29. EXAMINATION OF LAWS AND REGULATIONS AFFECTINGFARM LABOR CONTRACTORS Jennifer Wood Candidate for MS Ag Advisor: Rhonda Skaggs

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