How do you make the repairs you need to farmworker
housing? What about going above and beyond the regu-lations?
Air conditioning! That would be a healthy move.
More toilets! The standards require one toilet for 15.
Another requested improvement—partitions between toilets,
adding stalls. In the clamor for funding assistance, Telamon
Corporation came to the rescue.
Founded in 1965, Telamon’s mission is “to provide
educational services that lead to better jobs, better lives,
and better communities.” The Telamon Corporation is
headquartered in Raleigh. The bulk of this nonprofi t
organization’s income is federal grant money. In 2015,
more than $66,000,000 was received in federal grants and
was used in 11 states, primarily in the Southeast.
Telamon has three main lines of business: (1) early
childhood and family support services for eligible children
and families, including migrant and seasonal farmworker
families, using Head Start centers and home-based services;
(2) providing employment and training services primarily
to migrant and seasonal farmworkers; and (3) providing
housing and fi nancial empowerment services. While
Telamon provides a variety of services, one of these
aligned neatly with those of the Agricultural Safety and
Health Bureau’s Gold Star Growers Program—a program
designed to recognize growers who go above and beyond
the requirements of the law in providing migrant housing.
From 2012 to 2016, Telamon partnered with a number
of North Carolina growers to match funding to improve
on-site migrant housing. Telamon provided up to $7,500
in matching funds for repairs to migrant housing, including
improvements to water and septic systems.
This relationship with Gold Star Growers was a positive
one. Many improvements to the migrant housing stock in
North Carolina were the result. This partnership has helped
make housing safer and more comfortable for thousands
of farmworkers. As time went on, R.J. Reynolds Tobacco
contributed to the Telamon housing effort, providing support
and additional funds targeted to tobacco growers.
But missions change, and the money moves with them.
Telamon Corporation determined in 2016 that funding for
farmworker housing owned and operated by farm operators,
had received substantial benefi t here in North Carolina.
Telamon planned to move away from on-farm housing
projects and direct its efforts to worker education and support.
Suzanne Orozco, executive director of the Telamon
Corporation, explained, “We learned in June of 2016 that
Telamon was not selected to receive the DOL National
Farmworker Jobs Program Housing funds. So regardless
of our plans, we unfortunately no longer have funding from
DOL or RJR to support our on-farm housing programs.”
Cherie Berry
Commissioner of Labor
Agricultural Safety
and Health Bureau
Regina Cullen
Bureau Chief
1101 Mail Service Center
Raleigh, NC 27699-1101
1-800-NC-LABOR
(1-800-625-2267)
www.nclabor.com
Stay in touch with today’s
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November 2016 Volume 37
        	
   
      	  

Telamon and Gold Star Growers:
A Winning Team
Inside This Edition
By the Numbers
Farm Safety DVD
Update
What’s the Law?
Election News
Ron Wright, R.J. Reynolds Tobacco
NCDOL Photo Library
continued on page 2
“We unfortunately no longer
have funding to support our
on-farm housing programs.”
— Suzanne Orozco, Telamon
When asked about future projects, Orozco added, “We will be closing out
the housing contracts that we had already obligated and will fi nish spending
out the R.J. Reynolds funds over the next few months. We do not expect to
enter into any more contracts this year.”
Telamon’s current focus will be providing direct housing support and
with it, fi nancial counseling. Other supportive services will be created to
serve farmworkers who are enrolled in the USDOL National Farmworker
Jobs Program (NFJP) Employment and Training program.
As Ron Wright of RJRT explained, “Once Telamon decided that on-farm
housing improvements were no longer their focus, we realized that the
Telamon housing program we supported no longer existed. For this reason,
R.J. Reynolds had to move funding to other priorities. It was a great
program, and we’re sorry to see it go!”
Telamon and Gold Star Growers
2
North Carolina is one of the most diversifi ed agricultural states
in the nation. The state has about 52,000 farms, which contribute
$78 billion to the state’s economy (including food, fi ber and forestry),
account for more than 17 percent of the state’s income, and employ 16
percent of the workforce. How about some details?
No. 1
North Carolina is No. 1 nationally in the production of fl ue-cured
tobacco and sweet potatoes, both labor intensive, high value crops.
Top 20
North Carolina is a Top 20 Migrant and Seasonal Farmworker
(MSFW) Signifi cant State with the 7th highest year-round MSFW
activity in the nation. Even with the tobacco buyout and increased
mechanization over the years, North Carolina growers still need an
abundance of labor.
90,000
The N.C. Department of Commerce estimates the statewide Migrant
and Seasonal Farmworker (MSFW) workforce during peak harvest
at about 90,000 workers, 22 percent of which is H-2A foreign labor.
18,000
More than 18,000 workers in North Carolina’s agricultural industry
hold H-2A visas legally authorizing them to work temporarily in the
United States. H-2A workers can remain in the U.S. until completion
of their employment contracts with sponsoring employers. When they
fi nish, workers must return to their country of origin, hoping to be
recalled to work the following year. The majority of these workers
come from Mexico and work here about 10 months.
1,600
Number of North Carolina growers who use the H-2A system.
H-2A employers are required to reimburse workers for the cost of
transportation and subsistence from their home country to the place of
employment and back upon completion of the work contract.
$10.72
The hourly wage rate for H-2A workers and workers in corresponding
employment. This is set by USDOL’s H-2A regulations at 20 CFR
655.120(l). The wage rate is determined by region, and North
Carolina and Virginia are in the region designated Appalachian I. Data
can be found at https://www.foreignlaborcert.doleta.gov/adverse.cfm
if you need more information.
300
The approximate number of farm labor contractors (FLCs) operating in
North Carolina annually.
32
Farm labor contractors (FLCs) who are using the H-2A program
in 2016.
By the Numbers
continued from page 1
The Bottom Line?
Cumulative Statistics for On Farm Housing (OFH) Projects, All
Funding Sources, Over 5 Years (At a Glance)
v Total number of farmworkers impacted
by Telamon OFH Program: 7,043
v Total number of farmers/growers
receiving Telamon OFH Grant Funds: 310
v Total amount funding disbursed
to N.C. growers for OFH Program: $1,079,619.68
We can all be glad for what was, and appreciate the combined efforts
of Gold Star Growers, RJRT and government funding. A good investment!
“It was a great program, and we’re
sorry to see it go!”
— Ron Wright, RJRT
July 1, 2015-June 30, 2016
Telamon Grants Awarded by Counties
By: Miguel Rios, USDOL, Wage and Hour Division,
Southeast Region Agricultural Coordinator
When a farm labor contractor (FLC) obtains certifi cation from the U.S.
government to bring in “guest workers” under the H-2A program, the FLC
becomes an H-2ALC, or H-2A labor contractor. An H-2ALC is no different
than an FLC. In fact, an H-2ALC must fi rst obtain a certifi cate of regis-tration—
or “FLC card”—showing the activities he or she is authorized to
perform, such as authorization to house (HA), transport (TA) or drive (DA),
prior to submitting an H-2A application.
Q. How do the regulations defi ne an H-2ALC?
A. An H-2ALC is an employer who is not a fi xed-site employer, an agri-cultural
association, or an employee of a fi xed site employer or agricultural
association; and who in addition to employing, may recruit, solicit, hire,
furnish, house or transport any worker subject to the H-2A regulations.
An H-2ALC may apply for H-2A employees through the same method
as an H-2A fi xed-site employer, but with additional requirements. They are
limited to a single area of intended employment per application, just as a
fi xed-site agricultural employer is limited. H-2ALCs must identify the name
and location of the jobsite as well as the crops to be harvested and must
provide a surety bond and a copy of each contract with each fi xed-site
employer connected with the job order.
Additionally, H-2ALCs must demonstrate that the housing where the
workers will live, whether provided by the fi xed-site grower or by the
H-2ALC, has been properly inspected and approved for occupancy, and
must also ensure that the transportation provided by either the fi xed-site
agricultural business or the H-2ALC meets the H-2A requirements.
Q. I’m thinking of hiring an H-2ALC to obtain my farm workers. As a
grower, what are my responsibilities if I choose this route?
A. Think of the H-2ALC you’ve hired as if it were any other FLC. You
may be considered a joint employer of the H-2ALC’s workers, so if the
H-2ALC you chose isn’t following all of the rules and regulations outlined
by the U.S. Department of Labor, you may run into problems. Request all
documentation from the H-2ALC—a copy of the FLC card; a copy of the
H-2A contract; a copy of vehicle insurance policy showing suffi cient coverage
under the regulations, etc. Once the work begins, insist on reviewing the
H-2ALC’s time and payroll records for accuracy. Hiring an H-2ALC should
not be viewed as a way of distancing yourself from the workers harvesting
your crop. Don’t just demand compliance from your H-2ALC, ensure it.
Q. If the H-2ALC is my employee, are the farmworkers his employees or
are they considered my employees?
A. If you have an employee who has been certifi ed as an H-2ALC, and
he or she continues to be your employee after being certifi ed as an H-2A
employer, the H-2A workers furnished to you by the H-2ALC are also your
employees. Similarly, if you hire an outside H-2ALC, and put him or her on
your payroll as an employee, the H-2A workers are also your employees.
The regulations defi ne an employer as a person (including any individual,
partnership, association, corporation, cooperative, fi rm, joint stock company,
trust, or other organization with legal rights and duties) that:
(1) Has a place of business (physical location) in the U.S. and a means by
which it may be contacted for employment;
(2) Has an employer relationship (such as the ability to hire, pay, fi re,
supervise or otherwise control the work of employee) with respect to
an H–2A worker or a worker in corresponding employment; and
(3) Possesses, for purposes of fi ling an Application for Temporary
Employment Certifi cation, a valid Federal Employer Identifi cation
Number (FEIN).
Q. So what’s the best way to ensure that problems don’t become my problems?
A. As an employer and a grower, you must be well aware of your potential
liability and do your due diligence to make sure the H-2ALC knows the
regulations and is in compliance with them. Can you trust the H-2ALC? Do
they have proper documentation? Have you seen it?
Q. Proper documentation? What would that be?
A. The H-2ALC qualifi es under the Migrant and Seasonal Workers
Protection Act as a labor contractor and as such needs to have a number of
key work documents. You should ask to see them, and if you choose to hire
the H-2ALC, you should keep copies in your work fi le.
As a grower you need to see: the ETA-790 H2A job order, which will
have the grower’s worksite and possible housing site listed; a valid FLC
license and supporting documents; proof of insurance on vehicles; a valid
driver’s license; the housing certifi cates, if the FLC is providing housing;
valid pesticide certifi cation; examples of payroll records and proof of fair
pay; proper bonding; professional references, such as letters from other
growers testifying to the FLC’s work quality. Make copies of these docu-ments
for your records. If any of these documents are missing, the problems
that arise may be yours.
Additional information needed? Refer to:
www.dol.gov/whd/regs/compliance/whdfs26.pdf
www.dol.gov/whd/regs/statutes/mspa_debar.htm
What’s the Law: FLCs as H-2A Employers
3
Building on their past combined and successful efforts, the N.C.
Department of Labor, the N.C. State College of Agriculture and Life
Sciences video team, and RJR Tobacco have created one safety DVD with
multiple farm safety segments. The DVD is composed of 11 bilingual
video segments, with each video segment available in both English and
in Spanish, running from 5 to 8 minutes each. Specifi c topics addressed
are tractor safety, fi eld sanitation, fork lift safety, green tobacco sickness,
heat stress prevention, pesticide information, tobacco baler safety, tobacco
harvester safety, wage and hour issues (which includes safe housing),
burley production safety issues, and creating a farm safety plan.
The ultimate goal of this DVD is to provide guidance for those who
farm and work in tobacco so that all employers and employees are aware of
the best safety practices and safety and health regulations. The videos are
intended for audiences in multiple states, with attention to both fl ue-cured
and burley tobacco. Each segment is self-contained—you can watch one
segment without viewing others. You will be able to “click and point” to
open the video segment you want to view.
The videos are meant to be instructional, focusing on the most essential
facts. If the segment discusses a specifi c law or a regulation, the law/regu-lation
is mentioned and given the correct web address for those who need
further information.
Each segment has three guided questions that appear prior to the start of
the video segment. The same questions are asked again following that video
segment, and the correct responses are given at that time. Each video is
short and to the point—they do not cover all aspects of
the topic. The focus is on the most critical parts of the
topic. Resources in the form of links may be provided
if further information is required. If those viewing the
DVD have additional questions or concerns, they are
advised to contact their supervisor.
Farm Safety DVD Update
Cherie Berry won a fi fth term as N.C. Labor Commissioner on Nov. 8. This spring’s growing season will mark the 17th year of
agricultural safety and health under Commissioner Berry’s administration.
Commissioner Berry pledged continued support to the grower community and urged those who have not conducted on-farm training
to do so.
“Preventing accidents and injuries is good business,” Commissioner Berry said. “Have a safety plan in place and train your workers.
The newest DVDs produced by our Ag Safety and Health Bureau can assist with the effort.”
Labor Commissioner Cherie Berry Set to Start a Fifth Term
Printed 11/16
1,250 copies of this public document were printed at a cost of $250, or $.20 per copy.
Copyright © 2016 by N.C. Department of Labor
All photographs, graphics and illustrations are property of the N.C. Department of Labor or are used by permission/license of their respective copyright holders.
Learn more about our Gold Star Grower recognition program!
www.nclabor.com
Follow NCDOL on:
Celebrating Our Best
February 1-2, 2017
N.C. State Fairgrounds
2017 Gold Star Grower Luncheon Workshop