Video (dramatization) response to U.S. Department of Labor (DOL) policy and rule changes. More information below: In a nutshell DOL is mandating that the State Workforce Agencies (SWAs) not refer farmworkers to jobs without doing employment eligibility verification screening. SWAs are revolting against this requirement, because it requires them to single out predominantly Hispanic customers for added scrutiny. Other job seekers are not treated this way and SWAs do not have the resources or the desire to do this. DOL is threatening to withhold appropriations due to the SWAs if they do not cooperate.
Disclaimer: I created this work on my own time in my individual capacity and it does not represent the opinion of anyone other than myself.
The E-Verify tentative non-confirmation in the dramatization should not have caused a delay in the referral, but such delays will probably occur if there is not adequate training (so I inserted a practical lesson regarding what not to do), but in reality there are so many steps in the process that could cause substantial delay and inconvenience to farmworkers that I decided not to re-shoot that part and left it as a teachable moment. I should have made the two week delay occur when the job seeker was sent away the first time. Perhaps he could have come back with a receipt for a replacement SS card and/or LPR card, and Mr. Smith could have told him that SWAs can not accept
receipts and that he needed to come back when he received a replacement SS card or LPR card. Then if the new regulations were in effect (and the 50% rule was no more), the farmer would have been able to refuse the referral as occurring after the start date.
This dramatization highlights only a few of the many changes that DOL is proposing to the H-2A regulations that will have a negative impact on MSFWs. Click Here for more detailed comments I submitted to DOL in opposition to the proposed rule.