1/8/08 Surviving H2A Part 3

Surviving H2A Part 3. I'm Greg Martin with today's Fruit Grower Report. We have been chatting with Ryan Edgley a lawyer with Edgley Law Offices in Yakima about dealing with H2A programs and Edgley says that you the farmer are ultimately responsible and anticipating problems is a key element. He says that you need to pay attention to details and by all means, get help. Edgley says there are some specific areas that need particular attention. EDGLEY: The particular circumstances of your operation need to be anticipated in advance. Some of the issues are; the first one arises from the fact that you, if you use H2A have an obligation to offer and provide the same terms and conditions of employment to all workers performing the same tasks during the period of need stated in the Clearance Order. That clearance order is very important and must be specific. EDGLEY: You have to file what is called an Application for Certification of a Clearance Order with the United States Department of Labor. That Clearance Order says this is the period of time I expect to need this number of extra workers over and above the ones I anticipate that I can get on my own with use of the H2A program. Again, you must be specific as to the exact description of the duties because the Clearance Order will apply to all workers. EDGLEY: Anybody who performs those tasks during that period of need, including workers that you would have already had, are entitled to all of the terms and conditions and benefits that are offered under that Clearance Order and the first one to think about is housing. That's today's Fruit Grower Report. I'm Greg Martin on the Northwest Ag Information Network.