Guest Workers – The H-2A Option – But Is It Really an Option?
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As a country we have discussed issues of foreign workers for several years. Agriculture has not escaped the debate and is impacted greatly by our country’s approach to immigration.
U.S. employers in various industries argue that they need to hire foreign workers, while others maintain that many of these positions could be filled by U.S. workers. This is particularly true in agriculture. Foreign agricultural workers, sometimes referred to as guest workers, may be admitted temporarily to the United States under the H-2A visa program. The program allows for admission of foreign workers to the U.S. to perform agricultural labor or services of a seasonal or temporary nature. The program is administered by the Department of Homeland Security’s U.S. Citizenship and Immigration Services and the Department of Labor.
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Can Children Work on the Farm?
By Justin Schneider and Philip Ripani
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The proposed amendment in 2011 by the US Department of Labor (DOL) to drastically reduce the opportunities for youth to work on farms received a lot of criticism. The proposal was ultimately withdrawn in 2012 to the relief of many parents and farmers. However, its demise did not mean there are no limits to what children may do on the farm. Rather, the rule proposal drew attention to existing law which is in place to protect children from injury while working on the farm.
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IALF Files Brief with Court of Appeals
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The Indiana Court of Appeals granted the IALF leave to become an amicus party to a right-to-farm case originating from Gibson County. The IALF filed a brief with the Indiana Court of Appeals in early January. The brief encourages the court to limit previous appellate court rulings which indicated that the right-to-farm law did not apply to lawsuits between farmers. Specifically, the IALF argued that the occupation of the plaintiff in a nuisance lawsuit is irrelevant if the alleged injury is to nonagricultural uses of the property, such as complaints of odor or dust impacting a residence.
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Over the next year, we will explore the various aspects of labor and employment law, but we hope to expand the scope over time.
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The IALF is a charitable organization established by Indiana Farm Bureau, Inc., to promote better understanding of legal issues facing the agricultural community.
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