shortages worsen,” he said. “Western Growers has been providing H-2A services for the past 17 years and it is getting easier every year as we have a proven process for a timely approval.” He added that Western Growers is well-versed on the obligations, assurances and guarantees that an applicant must adhere to avoid problems. Resnick remains cautiously hopeful that the bipartisan Farm Workforce Modernization Act that passed the House last year can gain traction in the Senate before the current term ends. “It would create a pathway for foreign farmworkers to obtain legal status for year-round work and provide much needed wage relief, including a freeze on the adverse wage rate, but it’s a longshot that the bill will get out of the Senate.” Another attorney weighing in on labor issues was Jonathan Siegel of Jackson Lewis P.C., Irvine, Calif. Siegel agreed that at least in the ag space union organizing has not been very active, but he believes that will change. He explained that union organizers learned a valuable lesson as they attempted to unionize Starbucks’s workers. “I believe about 260 petitions for elections have been filed all across the
country,” he said. “The organizing drive focuses on social media…using TikTok to push out the message.” Siegel said there were only about 20 organizers working on this campaign and they have achieved tremendous success using sophisticated tactics, including smart phone technology, to reach workers. He expects the same tactic to be used by other organizers and noted that it seems to be tailor-made for organizing in small towns and out-of-the-way places. “Being located in a rural area, and especially on a farm, used to be an advantage for employers as it was logistically more difficult for an organizer to connect with the workers,” Siegel said, adding that the use of a smart phone and advanced software can mitigate that disadvantage, and offer a low cost way to organize. He said there has been an uptick in organizing campaigns under the purview of the National Labor Relations Board and he anticipates the same thing happening under California’s Agricultural Labor Relations Board. Siegel said many ag employers—such as food processing plants and distribution facilities—are governed by the NLRB while
California’s on-farm employers fall under the ALRB. “In both organizing situations, we expect to see union organizers switch their tactics and use smart phones to reach workers. Basically, every worker has a smart phone and employers are already using that technology to connect with those workers.” The labor attorney advises employers to be cognizant of their employees’ emotional and financial needs. “Now more than ever, employers should train their management teams to manage with empathy,” he said, opining that there is still a lot of emotion and stress in the workplace surrounding the pandemic. Siegel said there are several areas in which employers should make sure they are responsive to the needs of their work force. “Inflation has hit everyone,” he said. “Employers have to be proactive with wage inflation. Employers should also recalculate their recognition and retention programs. Some of those programs have dollar signs, but some don’t. You have to understand your employees and what they are looking for.”
SERVING THE DIVERSE LEGAL NEEDS OF THE AGRICULTURAL INDUSTRY
Duane Morris offers a wide range of legal services specifically cultivated for agricultural businesses, including strategic counseling on:
Duane Morris LLP, a law firm with more than 800 attorneys in offices across the United States and internationally, is asked by a broad array of clients to provide innovative solutions to today’s legal and business challenges. For more information, please contact: THOMAS M. (TOM) BERLINER 415.957.3333 tmberliner@duanemorris.com www.duanemorris.com Duane Morris LLP – A Delaware limited liability partnership
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We routinely work with individuals and water agencies to address the numerous legal and institutional issues that arise.
SEPTEMBER | OCTOBER 2022
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