Act Now to Keep H-2B Viable for Green Industry

H-2B Program Update   Take Action!     The H-2B Program Rule is slated to go into effect in one week - on April 23 - unless a Federal Court or Congress intervenes. ANLA and many state partner associations support litigation being filed this week in the Northern District of Florida. We hope the court will issue a temporary restraining order blocking the Department of Labor (DOL) from implementing the program rule. ANLA is also working with Congress to fight these two rules. We are encouraging Congress to pass legislation that would block DOL from implementing both the H-2B program rule and the wage rule. Please contact your two Senators and your Representative in Congress today to stress the importance of the H-2B program to the green industry and to your business. Please tell them that the H-2B program rule that goes into effect next week and the H-2B wage rule that will take effect in October will make it very difficult for you and others to use the H-2B program, which is the only legal labor safety net for many green industry businesses. Ask them to support and work to pass a resolution (H.R. RES 104, S.J. RES 38) which would prohibit DOL from implementing these rules. You can reach your two Senators and Member of Congress through the U.S. Capitol switchboard at (202) 225-3121. Once connected to the office, please ask for the staff person who handles immigration issues and tell them you need their help to save the H-2B Program. If you have not already done so, please also send a letter to your elected officials through the ANLA website (www.capwiz.com/anla/home). It only takes a few moments and a few clicks to personalize and send your letter. More Background on the Rules As you know, DOL issued a final rule on January 19, 2011 that will artificially increase H-2B hourly wages by more than 50%. On February 21, 2012, DOL issued a final rule that would make the program even more expensive and complicated to use. The rule requires employers to hire any qualified U.S. worker up to 21 days before the H-2B worker is scheduled to begin. The proposed rule would also involve labor unions in the hiring process and require employers to pay transportation and subsistence costs for potential U.S. workers who work for at least 50% of the season. In addition, the rule includes provisions requiring employers to pay workers with "corresponding employment" duties similar wages. Many of these new requirements are adopted from the H-2A program. Through our experience with the H-2A program, we know that many of these new requirements will make the H-2B virtually impossible to use. ANLA is continuing to strongly oppose both H-2B rules and will continue to work to generate Congressional opposition to the rules. We appreciate you taking the time out of your busy schedule to reach out to Congress, as well.

 Judge Denies Union in H-2B Case

Written by Craig Regelbrugge

For Immediate Release November 29, 2011

 

June 9, 2011

Contact: Sam Irwin

225-922-1280

 

Homeowners should employ licensed horticulture professionals

Each spring and summer in Louisiana so-called yard specialists claiming to be arborists, landscape horticulturists and landscape irrigation contractors begin making the rounds in local neighborhoods with bargain basement offers for yard work. Many have little or no training. Often their handiwork can produce less than desirable outcomes and downright disasters.

 A request from Tom Delaney, Director of Government Affairs at PLANET.

Hi All

 

I am asking you to consider contacting key legislators to urge your support of important policy provisions contained within the draft bill funding the Labor Department for the next fiscal year.

 

Your Help Needed:

While we are pleased that these priorities, described below, have been included within the bill, this is just the first step toward enacting any of them. For such a provision to be adopted, ultimately both the House and Senate will need to approve them in legislation that is sent to the President. Obviously, this will be an uphill battle and, while not impossible, the window of opportunity is now small. The likelihood of any of these provisions making it into final legislation will be strengthened if the Subcommittee meets and approves the draft legislation. Consequently, we encourage you to communicate your support for these provisions to all Members of Congress, but in particular to the Republicans on the House Labor-HHS Appropriation Subcommittee.

 

 

E-Verify to Be Taken Up

in House Committee This Week

 

Washington, D.C.— On September 15, the House Judiciary Committee will take up and consider Chairman Lamar Smith’s Legal Workforce Act legislation (H.R.2164) mandating that all U.S. employers use the E-Verify system within three years. E-Verify is the electronic system for verifying whether a prospective hire is legally authorized to work in the U.S.  It is currently voluntary.

 

Happy Monday everyone.  This message is being sent jointly by Tom Delaney at PLANET and Craig J. Regelbrugge on behalf of ANLA.  You may recall a couple weeks ago seeing a message about the H-2B program being under regulatory assault, and the likelihood of a litigation strategy.  Here is a quick update.

  U.S. Department of Transportation Reinforces Commitment to No New Regulations for America’s Agricultural Community

Guidance Will Ensure States Continue to Use Common Sense in Applying Existing Safety Rules 

 

WASHINGTON, DC - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) announced today that it has no intention to propose new regulations governing the transport of agricultural products. The agency also released guidance designed to make sure states clearly understand the common sense exemptions that allow farmers, their employees, and their families to accomplish their day-to-day work and transport their products to market. 

  

 

Legislative Update

June 24, 2011   LEGISLATURE ADJOURNS SINE DIE!   House Speaker Jim Tucker and Senate President Joel Chaisson both pounded their respective gavels at 6 p.m. yesterday evening, signaling the end of a legislative session that will be remembered primarily for slick budgetary maneuvers; contentious rhetoric to remind us of the upcoming campaign season; and term limits kicking in for a number of familiar legislators, including Tucker and Chaisson.

 

E-VERIFY DEBATE THREATENS TO SEND AGRICULTURE PACKING

As described in the most recent edition of Washington Impact, the debate has begun in Congress over whether America should simply enforce her way out of the “illegal immigration problem,” or take a broader and more balanced approach. On June 15, the House Judiciary Subcommittee on Immigration Policy and Enforcement held a hearing on H.R.2164, the “Legal Workforce Act.” The bill would require each and every U.S. employer to use E-Verify, the government’s electronic system for determining if a new hire is actually eligible to work in the U.S., within three years.

As the bill was being drafted by Judiciary chairman Lamar Smith, most business groups have been negotiating details like federal preemption, “safe harbors” for employers who are using the system...

 

Legislative Update  

 

 

June 17, 2011

 

BILL TO EXPAND PRESCRIPTION KILLED

 

After sitting on the House calendar for several days, HB 389 by Rep. Patrick Connick (R-Marrero) met a resounding defeat, thanks to the efforts of a hard-working business coalition, including grassroots communications from concerned businesses...

 EPA is seeking public comment before responding to the petition. Comments are being accepted by EPA until June 28, 2011 via www.regulations.gov for EPA-HQ-OPP-2011-0014.

The original EPA announcement in the Federal Registrar and direct link can be found at http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2011-0014-0001.

 

LDAF Budget Memo from Commissioner Mike Strain‏ The House Appropriations Committee took action to reduce base operating services of the Department of Agriculture and Forestry by $2.8 million including cuts to personnel and critical operating expenditures:

 

Removed $1.1 million in funding for salaries and related benefits from the Overcollections Fund for the 27th pay period across four program areas:  Forestry, Soil and Water Conservation, Animal Health and Food Safety, and Management and Finance.  

Removed $1 million in base funding for regulatory services in the Agricultural and Environmental Sciences program.  This could affect nine (9) inspectors, lab technicians and program managers providing mandated services to producers and the public.  

Removed $623,000 in required maintenance on fire detection air fleet.  These funds are needed to meet FAA guidelines for the aviation fleet used in the detection of wildfires.  This represents a 35% cut and...

 

Legislative Update  

 

 

Volume 36, Number 6            June 10, 2011

 

Tort Reform Threat Appears To Be In Trouble

 

Facing intense opposition from a wide range of business opponents, Rep Patrick Connick (R-Marrero) decided not to hear HB 389 on the House floor Thursday 6/9 and instead returned the bill to the House calendar.  While doing so, he announced plans to hear the bill on Monday, 6/13.

...

 Louisiana State Senate - Finance Committee

Committee Members

Senator Michael J. "Mike" Michot (Chairman) P.O. Box 80372 Lafayette, LA 70598 (337) 262-1332 lasen23@legis.state.la.us Senator Lydia P. Jackson (Vice-Chairman) 330 Marshall Street Suite 706 Shreveport, LA 71101 (318) 676-7029 jacksonl@legis.state.la.us Senator John A. Alario, Jr. 1063 Muller Parkway Westwego, LA 70094 (504) 340-2221 alarioj@legis.state.la.us ...

 

Hearing set next week.

 

 

Good morning everyone.  House Judiciary Chairman Lamar Smith has announced that he will introduce, next week, his legislation to make the E-Verify program mandatory.  He has scheduled a hearing for Wednesday, June 15.  Presumably, the Immigration Subcommittee or even the full Judiciary Committee could mark up the legislation by the end of June or beginning of July. 

 

A group of us met with Smith’s counsel last evening.  They revealed few details on content or timing of an overall legislative strategy and process.  They acknowledged that they understood labor-intensive agriculture would be uniquely impacted. (There was no such acknowledgment for any other industry sector).  They mentioned that their legislation would phase in mandatory E-Verify and that “agricultural employers would come last.”  They were not precise about timeframes but we suspect that the total phase-in period may be about three years or so.  They also mentioned that the absence of a  requirement to retroactively verify workers would bring some relief to agricultural employers who are employing the same seasonal worker each year.  While both of these approaches are a bit useful from a technical point of view, they do not address the fundamental goal that has united the Agriculture Coalition for Immigration Reform, which ANLA co-chairs,  for the past 10 years –legal workforce options that meet the  needs of the labor-intensive agricultural community, with all its geographical and product/commodity diversity.  ANLA of course also has broader concerns than just ag/nursery/greenhouse, especially regarding options for seasonal workers. 

...

By Brian Breaux

 

·        On or before the date of hiring, recruitment or referral…the employer has verified the individual is not an unauthorized alien by getting SSN or alien # from DHS

·        Penalty for ‘knowingly’ provided an SSN or a DHS authorization # is a fine under title 18, imprisonment for not more than 2 years or both.  Court cannot place individual on probation and term cannot run concurrently with any other term of imprisonment under any provision of law; limits court in reducing the sentence

·        Retain records for 5 years on recruiting

·        Retain records for 5 years after hiring or  year after termination

·        If final non-verification received, employer can terminate employment or decline to recruit or refer (not clear if can refuse to hire although later section of bill includes g6ood faith defense)

·        If employer hires or continues to employ or recruit or refer after final non-verification, must notify DHS

·        An...

The U.S. Department of Agriculture is pleased to announce that it will allocate $50 million provided under Section 10201 of the 2008 Farm Bill for projects that prevent the introduction or spread of plant pests and diseases that threaten U.S. agriculture and the environment. The FY 2011 spending plan contains the list of projects and is posted on the APHIS Web site at http://www.usda.gov/wps/portal/usda/usdahome?contentid=2011/06/0232.xml&contentidonly=true  Fiscal Year (FY) 2011 funding will go to 48 States and 2 U.S. territories as well as universities, Federal agencies, nongovernmental organizations, private companies and tribal organizations in support of over 270 projects.  We are extremely gratified by the wide range and record number of project suggestions we received this year.  The projects will advance the Farm Bill goals of early pest detection and the identification and mitigation of agricultural threats, providing strong protection to America’s agricultural and environmental resources.  Many...

 

Legislative Update  

 

 

June 3, 2011

 

TORT REFORM THREAT ON HOUSE FLOOR

 

An instrument that could actually turn out to be the most dangerous of this legislative session will probably be heard by the full House on Wednesday. Although HB 398 (Rep. Patrick Connick, R-Marrero) was gutted in the House Civil Law Committee...

 

Legislative Update  

 

 

May 27, 2011

 

 

...

 via Craig Regelbrugge with ANLA

The Supreme Court has rendered its decision in the case challenging the Arizona requirement that employers use the federal E-Verify program as a condition of obtaining/maintaining a business license.  The Supreme Court has upheld the 9th Circuit’s finding that the Arizona law is not preempted by federal law.  Much more detailed analysis of the decision to come after the lawyers have lawyered and analyzed the decision.  That said, we may now see the floodgates open for more state-level copycat laws mandating E-Verify.  Link to the full decision below. 

Click the download button to read the story in printable pdf form.

 



...

 The House Appropriations Committee took action to reduce base operating services of the Department of Agriculture and Forestry by $2.8 million including cuts to personnel and critical operating expenditures:

 

Removed $1.1 million in funding for salaries and related benefits from the Overcollections Fund for the 27thpay period across four program areas:  Forestry, Soil and Water Conservation, Animal Health and Food Safety, and Management and Finance. Removed $1 million in base funding for regulatory services in the Agricultural and Environmental Sciences program.  This could affect nine (9) inspectors, lab technicians and program managers providing mandated services to producers and the public. Removed $623,000 in required maintenance on fire detection air fleet.  These funds are needed to meet FAA guidelines for the aviation fleet used in the detection of wildfires.  This represents a 35% cut and could ground a majority of the fleet. The department is already down...

 Federal Budget Update

 

Thank you contacting your Congressional delegates last week to support the federal program funding requests for the FY12 budget. We need your help again. We have been informed that the Senate has until next Friday, May 27, to submit program funding requests to the Senate Agriculture Appropriations Subcommittee. These funds are the federally provided funds for research and extension, which include Smith-Lever 3(b) and (c), Hatch Act and McIntire-Stennis Cooperative Forestry.

 

The FY11 bill included nearly $30 billion in cuts, including a $3.5 million reduction to Smith-Lever 3(b) and (c), which provides funding for extension programs such as 4-H. Although Hatch Act funding for agricultural research was increased by $21.3 million and McIntire-Stennis Cooperative Forestry funding was increased by nearly $4 million, these increases are deceptive because they mask the loss of more than $135 million in annual earmark funds, which had previously been provided to many...

 

Legislative Update  

 

 

May 20, 2011

 

EXPEDITED REMEDIATION ACT KILLED IN HOUSE COMMITTEE

 

On May 18, the House Natural Resources and Environment Committee defeated a substitute bill for HB 563 by Rep. Page Cortez (R-Lafayette), which was intended to expedite the remediation of contaminated oil and gas sites. While...

 

Legislative Update  

 

 

May 13, 2011

  

PASTOREK RESIGNATION PITS REFORMERS AGAINST STATUS QUO ADVOCATES

 

On Tuesday, May 10, the Louisiana education reform movement lost a powerful ally when State Superintendent of Education Paul Pastorek announced that he was leaving to accept a position in the private sector. Pastorek...

Statement by President Obama on H.R. 4 "Today, I was pleased to take another step to relieve unnecessary burdens on small businesses by signing H.R. 4 into law. Small business owners are the engine of our economy and because Democrats and Republicans worked together, we can ensure they spend their time and resources creating jobs and growing their business, not filling out more paperwork. I look forward to continuing to work with Congress to improve the tax credit policy in this legislation and I am eager to work with anyone with ideas about how we can make health care better or more affordable." 

...

by JULIA PRESTON  •  MARCH 6, 2011 http://www.nytimes.com/2011/03/07/us/07utah.html?_r=1&pagewanted=all

 

In the first move by a state to extend legal recognition to illegal immigrant laborers, the Utah Legislature has passed immigration bills that include a guest worker program that would allow unauthorized foreigners to work legally in the state.

With the immigration package, passed in both chambers of the Republican-controlled Legislature late Friday, Utah made a sharp break with the hard-line trend in state immigration legislation that has been led by Arizona, which passed a strict enforcement law last April.

Utah’s package includes measures to tighten enforcement against illegal immigrants that echo Arizona’s tough stance — like a requirement that the police check the immigration status of anyone arrested on a felony or a serious misdemeanor charge.

But supporters said the hybrid package offered an alternative to states, including those controlled by Republicans,...

by DAVID MONTERO  •  MARCH 6, 2011

http://www.sltrib.com/sltrib/home/51370262-76/utah-enforcement-arizona-bill.html.csp

 

Now that state lawmakers have passed an enforcement-only immigration bill and sent it to Gov. Gary Herbert, the tricky task of convincing the rest of America that Utah didn’t just go down Arizona’s path begins.

The Legislature did its best to distance itself from Arizona’s SB1070 in the past week — requiring Rep. Stephen Sandstrom to drop HB70, the enforcement-only immigration bill he’d worked on for 10 months, give it a new title and a new number and scrap “objectionable language” that could suggest the state tacitly endorsed racial profiling.

Key lawmakers also brokered a deal to couple the revised enforcement measure, HB497, with a guest-worker bill, HB116, so that Utah’s approach would be more comprehensive and less punitive.

But whether these distinctions are too subtle for recognition outside the state remains to be seen.

Utah lawmakers...