Flawed study seeks to justify discrimination against U.S. workers

By Lori Johnson | Originally posted at NC Policy Watch

If there is a dominant myth in the debate over America’s treatment of the men and women who harvest our food, it is that U.S. workers won’t take these jobs. A recent study by a researcher named Michael Clemens at the Center for Global Development (CGD), a Washington, DC think tank, and released by the Rupert Murdoch backed Partnership for a New American Economy, makes just such a claim.

The study, which was picked up by media outlets around the country, concludes erroneously that unemployed U.S. workers aren't taking farmworker jobs and therefore don't require much in the way of legal protections.

Unfortunately, the study’s conclusions are demonstrably false and based on faulty information.

Set in North Carolina, the study outright ignores the existence of virtually all the U.S. workers doing farm work in North Carolina. For 2010, the study accounts for only 74 workers, less than one percent of the U.S. workers referred to farm jobs through the North Carolina Division of Employment Security (DES) alone.

The study is limited to farms that bring in foreign labor through the federal H-2A visa program and then only to jobs with the North Carolina Growers' Association (NCGA), a labor broker that charges farms to bring in foreign H-2A labor. Yet NCGA's U.S. worker recruitment outcomes are hardly representative. With four-fifths of the H-2A jobs in North Carolina last year, it received only one-fifth of job service U.S. worker H-2A referrals.

The study falsely presumes that the lack of U.S. workers on H-2A farms is due to worker choice. It even claims that there is "extensive coordination" between NCGA and the state Job Service agency, which is supposed to help connect unemployed workers to jobs.

The reality is some Job Service officials are loathe to refer U.S. farmworkers to H-2A positions, which require much more paperwork. Recently, when an American brought three H-2A job orders to a local Job Service agent, the agent threw the orders in the trash.  When another U.S. citizen sought tobacco work, the Job Services official told her "I don't do H-2A, it's too complicated." Other examples of this kind of treatment abound.

Indeed, the CGD study is based on a time period when Job Service offices were operating under a 2007 U.S. Department of Labor directive to avoid referring US workers to H-2A jobs. The study assumes that a lack of increased referrals during the recession means U.S. workers are not responsive to market forces, ignoring the counteracting force of this federal directive in place during the same time period.

Most U.S. workers don't even know these jobs exist. Several Job Service offices don't post NCGA jobs in the county of actual employment. Instead, the "master job orders,” with information on jobs throughout the state, are posted in the county where NCGA’s headquarters is located. This means that a man who conducts a Job Service database search for work in his home county doesn't even see the available NCGA positions.

There are reasons to doubt the study's claim that few Americans finished the season. The federal Office of the Inspector General (OIG) audited the NCGA and found the NCGA had used a false end date that included late season sweet potato work not available to most workers. The OIG determined it was impossible for most workers, foreign or domestic, to "finish the season."

The study presumes higher turnover is the worker's fault. With many tactics in the playbook of how to get rid of the U.S. workers, perhaps turnover was the goal. Legal Aid of North Carolina has represented U.S. workers at different employers who claimed that the H-2A workforce was given preferential treatment.

Why not welcome U.S. workers? Well, for starters, a foreign labor broker's entire business model depends on Americans not being available. Each U.S. worker hired means reduced profit.

In addition, foreign H-2A workers are exempt from certain core federal worker protection laws and cannot lawfully work anywhere but the farm to which they are assigned.

Perhaps most importantly, though, is the fact that foreign workers are less likely to complain if not paid or treated properly because they fear losing their visa. Add to this the fact that the H-2A program also allows growers to custom pick a workforce that is male and young and unburdened by local family responsibilities and it’s no wonder U.S. workers face such discrimination.

As noted, the study recommends further reducing protections for U.S. workers.

Ignoring all the counteracting factors, the study concludes that U.S. workers won't respond to increased wages or improved working conditions. And of course this “logic” flies in the face of basic market rules that tie supply to better wages and working conditions.    

The truth is there are many workers – both U.S. citizens and authorized aliens – that need and want agricultural jobs. And should immigration reform proposals currently before Congress pass, there will be many more legal workers.

The existence of foreign labor and the need to protect U.S. workers are not mutually exclusive. Let’s hope the public isn't fooled by this ill-conceived and badly-flawed effort to cloak discrimination against American workers.  

Child labor op-eds: The power of a red herring

By: Michael Durbin

Two excellent op-eds illustrate how misinformation is used to block sensible attempts at giving farmworking children the same protections as other children. 

In the New York Times, Marjorie Elizabeth Woods writes in “Pitting Child Safety Against the Family Farm” about the Department of Labor’s ill-fated attempt to prevent children under age 16 from working in dangerous farm jobs. Swift, massive, and often wildly misinformed reaction from conservatives led the DOL not only to withdraw the proposal, but to promise “this regulation will not be pursued for the duration of the Obama administration.” Woods goes on to highlight how the same tactics were used in the decades leading up to the 1938 passage of the Fair Labor Standards Act.

On CNN Opinion, Cristina Traina argues in “Obama, strengthen rules on child farm labor” that the president must not give up on these kids, the “least protected, underpaid work force in American labor… the go-to workers for farms looking to cut costs.” After recounting the recent death of a 15-year old crushed to death by heavy farm equipment he was operating, Traina also highlights the effectiveness of organizations like the American Farm Bureau at killing the DOL proposal.

Sadly, such attempts to distract from the real issues are now used to defeat sensible proposals on any number of issues facing our nation (think gun control). But this is no reason to give up. The FLSA did become law, after decades of opposition that must have seemed insurmountable to child labor advocates of the day, and lightning storms of misinformation shine a light on an obvious need: the dissemination of correct information.

Here are the links to these informative and insightful pieces:

New York Times

http://www.nytimes.com/2012/05/08/opinion/pitting-child-safety-against-the-family-farm.html 

CNN Opinion

http://www.cnn.com/2013/01/17/opinion/traina-child-farm-labor

A Bill of Rights for North Carolina workers

By Clermont Fraser and Sabine Schoenbach

See a graphic version here.

Workers are the driving force behind economic growth, so what’s good for North Carolina’s workers is also good for North Carolina’s businesses.

Recently, attorneys and advocates of the North Carolina Justice Center’s Workers’ Rights Project asked workers across the state to imagine what laws they would enact to make North Carolina better for workers and, by extension, businesses. Their ideas form the basis of a “Workers’ Bill of Rights.”

Here are the key components of what such a Workers’ Bill of Rights would include (along with some bills from the current North Carolina General Assembly that would – if enacted – help make those components a reality):

The right to be paid for the work you do – “Wage theft” occurs when workers are underpaid or not paid at all for their work, and it happens every day in North Carolina. House Bill 826 would make it easier for workers to bring complaints when employers cheat them out of wages and would hold unscrupulous employers accountable through increased penalties. This would go a long way in curbing this crime wave.

The right to a living wage – Working full-time and year-round should be enough to keep a worker out of poverty. But a full-time minimum-wage worker in North Carolina earns about $3,000 less per year than the federal poverty threshold for a family of three. While food and energy costs continue to rise, the current minimum wage of $7.25 just isn’t enough to make ends meet. House Bill 115 and Senate Bill 220 would adjust the minimum wage based on increases in the cost of living. This would be an important first step in making sure that hard work pays off and ensuring that workers earn enough to fuel job and economic growth in their local communities.

The right to equal pay – Women in North Carolina are paid $7,000 per year less than men — simply for being women. A recent study showed women in our state are more likely than men to work in managerial and professional occupations and have higher levels of education than men but still are paid less. Isn’t it time to ensure that all North Carolina employees, women and men, are paid the same wages for the same work? House Bill 603 – the “Equal Pay Act” – would do just that.

The right to a safe workplace – Federal and state law are supposed to protect workers from serious harm on the job, but the lack of enforcement and the low fines for violations lead many employers to sacrifice safety in order to save money. House Bill 906 would improve workplace safety by requiring anyone bidding on a public construction contract to be pre-qualified based on their compliance with occupational safety and health laws.

The right to care for your health and your family without losing pay or your job – For many workers, losing a day’s pay is as easy as catching a cold. Taking a child or grandchild to a doctor’s appointment, recovering from an illness, or spending time to bond with a newborn child – these are ubiquitous life events that shouldn’t put a worker’s job or a family’s economic security at risk. All workers need earned paid sick time (as would be required by House Bill 100 and Senate Bill 536) and access to job protections under the federal Family Medical Leave Act when the need to take a longer period of leave arises (House Bill 99 and Senate Bill 535).

Lawmakers have talked about the need to bring jobs to our state. We agree. North Carolina continues to have the fifth highest unemployment rate in the country. But the fact that the General Assembly has pushed forward an anti-union constitutional amendment (House Bill 6) while ignoring the bills that echo the voices of workers is a telling signal about the way North Carolina leaders intend to market the state to prospective employers. Are cheap labor and poor working conditions really what we want to be known for?

Pro-worker bills are not anti-business bills. The bills that together form the Workers Bill of Rights would help working families while helping local businesses and the economy – by putting money into the pockets of those most likely to spend in their communities, by establishing a loyal and productive workforce, and by ensuring the economic security and dignity of all working families in North Carolina.

Clermont Fraser is a Migrant Worker Attorney and Sabine Schoenbach is a Policy Analyst. Both work at the North Carolina Justice Center.

Today is International Workers' Day

Yazmin Garcia Rico of Student Action with Farmworkers in Durham, NC, read the below statement aloud at last Friday's solemn yet powerful press event in front of the state's Department of Labor building. Join with FAN in recognizing International Workers' Day by remembering agricultural workers among us and perhaps even taking an action step for the campaign for a Harvest of Dignity. 

"As the Bible mentions, "When you reap the harvest of your land, you shall not reap to the very edges of your field, or gather the gleanings of your harvest; you shall leave them for the poor and for the alien: I am the Lord your God." Leviticus 23:22.

Each year thousands of immigrants leave their home countries seeking a better life for their families.  They harvest the fruits and vegetables we eat everyday while they risk their lives by doing some of the most dangerous work in our society. Farmworkers make an average income of just $11,000 a year, making them the 2nd lowest paid workforce in the nation. It is time to lift them up and honor their everyday contributions. We believe that every worker, including field and poultry workers, deserves to have safe working and living conditions. We demand a fair and sustainable agricultural system!  

We need to stop and think about the real cost of food. Each year, 5 out of 10 farmworkers in NC cannot afford to feed their families. Each year over 150,000 farmworkers labor in the fields of NC and face inadequate health and safety standards, poor housing conditions, exposure to pesticides and high temperatures, long working hours, heat stroke, nicotine exposure, and exposure to dangerous machinery. Children as young as 12 years old are allowed to work in the fields and most farmworkers are exempt from the right to organize a union, work overtime, take sick leave, or receive workers compensation.

We cannot continue jeopardizing the lives of the people who put food on our table.

We envision a world where students and community members actively work together with farmworkers for justice in the agricultural system.

We envision communities where there is greater interaction, communication, and understanding among people of different backgrounds.

We envision a world in which farmworkers are empowered to take leadership in the farmworker justice movement and their local communities.

We envision a world where consumers will be more aware of where their food comes from, who grows it, harvests it, and packages it, and the conditions of its production.

One day, all farmworkers will have dignity in their work and livelihood."

--Yazmin Garcia Rico, April 26, 2013

Land, Food, and Farm Work: North Carolina’s History and Now

By: Erin Krauss

There are reminders all around us that North Carolina is a state born and bred on agriculture. Many folks who live in the Triangle live in geographic regions that shelter agriculture from regular view. But despite the urban routines, hustle and bustle of traffic and at least the perception that we are urban…on the whole, we are not. Even in urban settings hot with pavement, back yard farms are popping up more and more in between city blocks. We are indeed a state that thrives on the land. North Carolina’s history and its future depend wholeheartedly on the agriculture sector. Even popular culture is leaning more in the direction of recognizing the power, the trend, and the sources of food. The last few years have seen an upsurge in the “foodie” scene, farmers markets, and programming that supports small-scale farm efforts and education for people interested in farming. One example of our community’s embrace of farming as a valid lifestyle and business venture lies in the upcoming Piedmont Farm Tour. This farm tour event provides an opportunity for locals to connect with small & medium sized farms in action and to support local and organic agriculture.

Then, there are reminders from the large-scale industrial community about the crucial and precarious nature of agriculture. Still dominant over NC’s food production, this sector (produce, poultry, hog farms, tree production, tobacco, etc.) also sustains the state’s economy and provides massive exports nationwide. Recent news from this sector has stressed the importance of the ability to hire willing workers in order to sustain this essential economic backbone. Amidst the prospect of potential immigration reform in the near future, as well as new E-Verify legislation in NC, agribusiness leaders have been speaking out locally and nationally. Their message reminds us that we are all dependent on human labor to supply our food, and securing employees to do this labor can be difficult. In light of this, farm owners are asking to be granted more legal ways (agriculture visas) to hire workers. While having more legal means is a valid ask, we in the farmworker justice movement know there are many other factors involved in the challenging nature of finding workers – including the demanding nature of the work and the blatant mistreatment the workers endure.

North Carolina’s connection to land and food production is all around us. From trendy food trucks, to educational farm programs, to community events that use visiting farms as a source of entertainment, to large-scale mono-crops– agriculture is vital to NC. But more often than not, our attention is focused on three things: 1. Enjoying tasty products of agriculture (local, organic &large-scale industrial.) 2. Learning the art of agriculture (reviving the business and the integrity behind it.) 3. Upholding concern and respect for farm owners (small, medium and large.) But let’s not forget that among all the subgroups affected by agriculture in NC, there lives a vast population of farmworkers who often are invisible. As we venture out to the farm-tours this weekend, and admire the work of small and medium farmers, let us also remember the many farms in NC where adults and children are working in the fields, often without the same rights as those in other sectors. As we enjoy the ever growing “foodie” sector in the Triangle, let us remember that vendors exist because of the 178,000 farm and poultry workers who make food products possible in NC. And as we hear more about NC’s large scale farmers advocating for legal means by which to hire willing labor for back-braking work in the fields, we must not allow this sector nor the government to the forget the rights of the workers amidst this debate. While farm owners desire to expand access to guest-worker visas, workers that are involved in the guest worker program now (and those who work on farms with no documentation) face extreme challenges and unjust treatment. As we reap the benefits of living in this agriculture state, let’s also work for change and justice in agriculture. Justice...A word that historically has hardly been a tenant of NC’s guiding principals for farming, but should be our vision for NC's farming future. 

Act Now to End Exploitative Child Labor

End Child Labor in NC - Long Version from Chris Liu-Beers on Vimeo. 

Children have always worked on their family's farm, and they should always be allowed to. But agriculture is very dangerous for children. Right now, children can work just like hired adults on farms starting at age 10 - younger than in any other industry. Our children are in harm's way. It's time to stop exploitative child labor.

While many kids look forward to summer pool parties and camp adventures, a hidden group of children will be sweating in our fields - picking the blueberries and tomatoes that end up on our plates.

NC Senators McKissock and Kinnaird have introduced powerful new legislation to stop this practice, but they are fighting an uphill battle and need your help. 

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Take Action

Here are three simple things that you can do today to help end exploitative child labor:

1. Watch the 60-second PSA, then forward it to your friends
2. Call NC Senator Tom Apodaca, Chairman of the Rules Committee, to ask for a hearing of Senate Bill 707. Learn more about the bill here. Here's his contact info: 
   (919) 733-5745 | Tom.Apodaca@ncleg.net
3. Call NC Commissioner of Labor Cherie Berry to ask her to support Senate Bill 707. Here's her contact info:
   (919) 733-7166 | Commissioners.Office@labor.nc.gov

Mark your calendars: Cornhole Tournament and Fundraiser!

Please join us! Register to play in our cornhole tournament by emailing jkw16@duke.edu or just stop by, have a burger and know that you are supporting farmworkers and local foods. Sunday, April 21st, we hope to see you there at Bull City Burgery & Brewery!

Food Insecurity in Farmworker Families

Farmworkers deserve "A Place at the Table" too.

A new documentary, A Place At The Table, has recently been gaining press and popularity for exposing the issues of hunger and food insecurity in America. Americans generally consider problems of obesity and overeating to be a primary concern, not hunger. However, A Place at the Table reveals some surprising truths, such as the fact that every day in the U.S. 50 million people -- including one in four children -- are food insecure, meaning they don't know where their next meal is coming from. I saw the movie last week and it is emotional and eye opening. As you watch people living in poverty, especially the children but also the parents who struggle to put food on the table even though they have jobs, one cannot help but be compelled to learn more about this problem and ways that you can help. 

Like many similar films, such as Food Inc. (also by the same producers), A Place at the Table tackles a complex, multi-faceted issue. Likewise, it also raises questions that should be asked and need to be answered. One of these issues in the documentaries is the idea of federal farm subsidies for wheat and corn, which make up the bulk of our nation’s high-calorie processed foods that are also lacking in nutrition. The question that the film is asking (and it is a good one) is why does the U.S. government give more money to agribusinesses that grow processed foods than to small farmers who grow fruits and vegetables?

This question is important; however, in watching the film I realized that there was an even bigger question and issue that is ignored: farmworkers. Where are the people harvesting this food whose labor also serves to subsidize the cost of food? Do they not deserve a place at the table also? In what seems to me to be total irony, the people who pick our food are themselves not getting enough food to eat. North Carolina data from four studies between 2002 and 2004 found that in households with a farmworker, 49 to 71 percent are food insecure (compared to a national average of 15 percent in 2009). Farmworkers are people leaving their countries to escape hunger and diminishing opportunities, only to find themselves working in an agricultural sector that provides them less control over the production and consumption of their food.

Farmworkers often live in “food deserts,” which are described in the documentary as rural areas in which there is not enough quantity of food, not enough food of good quality and nutrition, or where food prices are higher than in other regions. Lack of transportation and few grocery stores in rural areas make it hard for farmworkers to have access to fresh, healthy foods. Farmworkers often do not have cars or driver’s licenses and are reliant on the grower for transportation and meals. Moreover, according to the National Worker Survey, the median income among farmworkers is between $7,500 and $10,000 annually. This low income, especially when coupled with the fact that many farmworkers send money back home, means that over 60% of farmworker families live in poverty. Because there are no food subsidies for fruits and vegetables, farmworkers are unable to afford more expensive healthy foods and must rely on cheaper, less nutritious junk foods. The people who harvest fruits and vegetables, therefore, are unable to afford the food that they worked to pick in an effort to earn enough money to feed their families.

A Place at the Table effectively acknowledges that hunger in America is solvable, and the solutions are awareness and legislation. Food insecurity is the product of our global economic system and the dynamics of domestic food production. A Place at the Table does a great job of raising awareness and starting the conversation about ending hunger in America; the source of legislation changes is in our agricultural sector. Federal policies need to be adopted to address our most marginalized populations, including farmworkers and their families. America needs government funding for rural development, transportation infrastructure, improved competitiveness for small farmers, and school-lunch and food stamp programs. Rural counties make up the majority of counties with persistent poverty, as well as the majority of farming communities. Rural poverty, inequality of access to food in farming areas, and the plight of farmworkers need to be part of the discussion that is being generated around hunger and food security.