Welcome to the 2024 Farmworker Law Conference! We are so excited to host you in Atlanta this year.
Session materials are available in the Learning Lab, where you can also claim CLE credit and provide session feedback. If you have any questions, don’t hesitate to reach out to learninglab@nlada.org.
The legal and illegal cannabis industry are flourishing in a number of states, driving a demand for migrant farm labor and causing new migration patterns. The serious federal immigration consequences of working in the growing or production of marijuana combined with emerging, undercaplitalized, and/or criminal employers has created a perfect storm for abusive working conditions, including forced labor, violence and threats, substandard living conditions, and rampant wage theft. Last year, Oregon's Cannabis Worker Resilience Partnership - a holistic partnership of seven cross-sector non-profit organizations - formed to address the humanitarian crisis created by the abuses of the marijuana and hemp industry. Members of the Partnership will present on important considerations and emerging issues in immigration and employment law and the innovative partnership to address the unique needs of cannabis workers. They also will lead a discussion on potential collaboration and outreach to affected migrant communities across the country.
This workshop will cover the basics of the agricultural overtime exemption, but will focus on the exemptions to the exemption - when farmworkers may actually be entitled to overtime. We will look at claims involving packinghouse workers, camp cooks, drivers, and more. There will be a focus on how to develop evidence to support your overtime claims. This session will also provide updates on FLSA collective action litigation, including issues related to class certification, jurisdiction, and nuts and bolts of providing notice.
This panel session will explore federal and state legal theories for permitting advocates to access farmworkers at employer-controlled housing and will provide examples of strategies for responding to access challenges. It will also examine recent and current litigation around camp access, including Cedar Point Nursery v. Hassid, Colorado Livestock Association v. Colorado, and legal challenges to the 2024 H-2A Rule. Lastly, the panel will discuss best outreach practices.
In this workshop, participants will discover practical strategies tailored for small teams aiming to engage effectively with agricultural workers. From understanding the unique needs of agricultural communities to leveraging digital tools for outreach, attendees will explore proven methods for building trust, fostering communication, and delivering impactful initiatives with a limited staff. Through interactive discussions and case studies, participants will gain actionable insights to enhance their outreach efforts and achieve meaningful connections with agricultural workers. This workshop offers invaluable guidance to empower your team and make a lasting impact in agricultural communities.
Outreach is an essential component of the work we do; it’s flexibility and various styles of execution make it easily accessible to organizations looking to engage surrounding communities. This panel discussion and workshop will focus on best practices to ensure farmworkers and their needs remain at the core of outreach conversations. Participants will learn how to foster connections with Latinx farmworkers by identifying culturally relevant forms of communications to ensure meaningful participation during outreach. We will discuss ways to improve accessibility of outreach materials to address language barriers, varying literacy levels, and cultural differences. Participants will also learn how to connect and maintain partnerships with outside organizations to establish a strong network of diverse, relevant resources for their clients in the hopes of establishing a more inclusive outreach practice.
This is a follow-up to the November 2023 Zoom training on the RICO Act in Farmworker Cases. The first part of the workshop will be a brief review of the RICO basics we discussed in the 2023 training and more recent developments in the law (people who did not attend the 2023 training will get enough information during the review to participate meaningfully in this workshop). Most of the workshop will be practical: using a "ripped from the headlines" H-2A hypothetical, we will break up into small groups and develop an abbreviated fill-in-the-blank complaint incorporating best practices for (1) pleading RICO enterprises; (2) pleading a pattern of racketeering activity/continuity; (3) addressing potential causation issues; (4) addressing extraterritoriality and in pari delicto concerns: (5) and incorporating charts. Groups will then present their respective "complaints" to the participants. For each group complaint, we collectively will brainstorm about what works (and may not work). The goal is to come out of this workshop knowing enough concrete RICO skills (and related puns) to be dangerous. ¡Qué RICO!
We propose presenting findings from the "Precarious Protection" report at the National Farmworker Law Conference. This session will address the severe health risks farmworkers face from pesticide exposure and the critical gaps in the enforcement of the Worker Protection Standard (WPS). We will discuss the report’s recommendations for enhancing regulatory compliance, improving oversight, and supporting farmworker health and safety. Our goal is to stimulate policy reform discussions and collaborative efforts to better protect farmworkers from pesticide-related hazards on a federal and state level.
2024 promises to bring important changes in the regulatory framework affecting H-2A workers. In April 2024, the Department of Labor finalized the Farmworker Protection Rule, a sweeping effort to increase worker protections and strengthen DOL's enforcement capacity in the H-2A program. Meanwhile, the Department of Homeland Security has proposed new rules for both the H-2A and H-2B programs which would offer workers greater flexibility and improve oversight of H-2 employers. While not addressing many structural flaws of our current temporary labor visa system, these developments represent an important advancement of workers rights in the H-2A program.
In this session, participants will learn about a Farmworker MLP started two years ago by Central West Justice Center’s Seasonal and Migrant Farmworker Unit in collaboration with “La Cliniquita” a farmworker clinic at the Baystate Brightwood Health Center in Springfield Massachusetts. This MLP is based on guidance from patients, community health workers, the workers center, and other community organizations. The partnership embeds a lawyer into the healthcare team to help patients with health harming legal needs, lead trainings for patients and providers, and advocate for policy change to eliminate systemic inequities at the state level. Participants will also learn about Legal Services of New Jersey's Workers Rights and Farmworker Project, another example of community collaboration to improve health and wellness outcomes for farmworkers. In this session we will share the models we have developed and explore the challenges, successes, and takeaways from our experiences. Participants will engage in conversations about how embedding legal services within community-based farmworker medical clinics can help eliminate barriers for farmworkers and will leave with models and key takeaways to help them think about how an MLP or similar partnership could be implemented in their own states and communities.
Providing high quality direct legal services in a fast-paced environment can be challenging. This presentation aims to identify challenges specific to legal service providers working with immigrant and/or low-wage workers. We will discuss the following challenges and share ethical approaches to: managing expectations, meaningful language access, and respectful client storytelling. The second half of this training will focus on providing ethical advocacy in a way that is sustainable for the advocates themselves. We will explore what it means to support staff with lived experience, define moral injury, discuss what meaningful collaboration with colleagues looks like, and create intentional, safe spaces for staff to regularly discuss emotionally challenging cases.
The workshop will go over current laws and procedural hurdles that arise when representing foreign clients in US litigation. Through a series of hypotheticals, we will highlight some common obstacles and attempt to arrive at practical solutions, drawing from the experience of our diverse group of panelists. The 8th (2024) edition of Justice in Motion’s Challenges in Transnational Litigation practice manual will be available for workshop participants. Discussion topics may include:
- Special considerations in outreach and client relationship building with farmworkers who are foreign nationals
Citing labor shortages and costs associated with H-2A visas, pork producers, dairies, and other actors in the animal agriculture industry are increasingly turning to TN and J-1 visas to fill a wide range of vacancies in their production. While these programs are ostensibly limited to certain categories of professional work and cultural exchange, respectively, advocates across the country are hearing from TN and J-1 workers who are required to perform manual labor outside of the professional role promised and with no cultural exchange value. In contrast to the H-2A program, there is little government oversight of J-1 and TN programs--and the animal agriculture industry is actively lobbying for what little oversight exists to be further degraded.
This session will be held in Spanish. We will provide a basic overview of legal concepts relevant to farmworkers, and engage participants in conversations to foster their confidence in educating Spanish-speaking workers about farmworker rights in layman's terms. For new advocates, this session will provide an overview of various farmworker rights concepts at a basic level. For more seasoned advocates, this session will provide an opportunity to sharpen their Spanish vocabulary with respect to farmworker rights concepts.
This panel will start with overview of labor-related immigration relief available to survivors of workplace mistreatment and abuse, such as labor trafficking, wage theft, and retaliation. Participants will gain an understanding of Deferred Action for Labor Enforcement (DALE), and how to advise potential DALE recipients as they navigate challenges related to unlawful presence, interactions with H-2A nonimmigrant status, and U- and T- visa eligibility. Then, we will discuss DALE as an organizing tool, including best methods for outreach, working with union and other organizers, and balancing organizing objectives with individual legal services. The panel will also review partnerships with law schools and volunteers to coordinate pro bono clinics. We will reflect on past experiences and look to future models to build capacity to support immigrant workers seeking to apply for DALE..