2024 Farmworker Justice Conference

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 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.

What data do programs use and collect, and for what ends?

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.

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

This presentation will review remedies available in farmworker cases, including evaluating and calculating damages claims in simple and complex cases.