Some farm groups recently filed a motion in a U.S. District Court in New York seeking a temporary restraining order on a state farm labour law called the New York Farm Laborers Fair Labor Practices Act.
Some farmers are expressing growing concern about elements of the labour law related to contractual agreements that conflict with a federal immigration agricultural program called H-2A – which allows individuals from other countries to fill temporary farm jobs.
“These workers are really unique, not just in agriculture but in any industry, because it’s probably the most regulated employment situation,” said Joshua Viau, a partner at Fisher Phillips law firm.
Viau said some farms have received proposals from unions trying to guarantee H-2A workers the right to return to their jobs year after year.
“That’s prohibited by federal law. In fact, not only can you not guarantee that these workers will come back year after year, but you’re required to do everything you can to find able, willing and ready domestic workers,” he said.
Viau said the goal of the lawsuit is to get a system that is fair for everyone.
Some farmers said they supported fair labour practices and the rights of farm workers, both foreign and domestic, but they could not be at odds with themselves.
“Changes need to be made so that everyone in New York State’s agricultural community is in compliance with both state and federal regulations,” said Brandon Mallory, owner of Specialty Crop Farm Labor Contractors, LLC.
The New York State Public Employee Relations Board declined to comment due to pending litigation.