Unemployment Insurance on Federally Inegligible Farm Labor

We have each heard over the years about how New York State is a very difficult State to do business in. Equally, as property owners, we pay some of the highest rates in the nation. On the flip side our education systems from kindergarten to college rank among the finest. Unfortunately, this leads us to what I term “Reverse Darwinism.” In short, we see the most ambitious and educated having to flee out of State to find employment to match their goals. This leaves us with hard working families having to see their children leave to other areas. I personally have two daughters who now, for employment opportunities, live in North Carolina and Kansas.

On the national news this morning it was reported that 14 States are now enjoying the lowest unemployment in years. New York was not one of them. California and Texas however were. This tells me that other areas are finding ways to combine jobs and opportunities. Here in New York we just approved a State budget. Agriculture, the largest industry in the Up State by far, received a flat budget. All of agriculture is facing difficult times. Global competition is a reality not just a topic of conversation. Prices are simply not keeping up with costs of doing business. I was in Wyoming County earlier this month at a meeting with Congressman Collins and the under Secretary of Agriculture. Wyoming is the largest dairy county in New York State. The room was packed. It was reported that 17 dairy farms were for sale. The price of milk is averaging $4 a hundred weight below cost of production. Times are very tough for the largest farm sector in our State.

So why do I tell you all of this? Here in New York we do not seem to be able to not find ways to defuse good efforts to enhance our progress. While our budget was flat we did approve funding to help in areas of research and promotion. Could we have done more to stimulate and partner with privat

Paul Baker,
Executive Director
NYSHS

e business? Of course. The underlying cancer here is the cost of doing business here in New York verses outside the borders of our State. Despite the fact New York was not one of those 14 States with lower unemployment we have annually a very difficult time to find the human resources we need to staff the largest industry in upstate New York. As an industry we are forced to source labor from outside our area. Hence the rise of the legal federal program H2A. Federally and in EVERY OTHER STATE BUT NEW YORK such employers are exempt from having to pay unemployment on these workers because they are, by law, not eligible to ever be covered by it. Here in New York State we have passed a law to make these employers pay for unemployment on these employees that may never be eligible to draw on the fund. Depending on an employer’s rating this rate can be as high as 9%. To make matters even more ridiculous, now New York State Department of Labor is saying an employer has to include a value for the free housing they are required to provide under the federal law. This only increases the final value of funds an employer has to pay into this fund. Many of us are wondering why NYSDOL stopped at the value of free housing? We have to provide free transportation from their homes to work here and back to their homes as well. Maybe this will be added next.

In short, this is nothing short of a money grab to put funds in the general unemployment fund at the expense of the legal farm employers. In times such as we are experiencing this should be stopped and seen as a national disgrace.

Senator Betty Little and 11 other Senators have a bill (S 139) to remove this from being a law. Assemblyman William Magee has a similar bill (A 4480) in the Assembly to remove this as well. Unfortunately, in the Assembly this is not gaining any traction. This is the most scandalous piece of legislation I have ever come across. It needs to be removed. The fact is it will not unless we make some noise to protest this. Agriculture Affiliates and the New York State Horticulture Society have drafted just shy of 100 letters to the New York Legislators to ask them to act on this. If you agree with me that this is wrong than I ask you to address your opposition to your elected representatives. To simply sit by and allow this is wrong. As I already alluded to what will be the next way they can increase the base to collect more from our industry. If you do not mind paying for something you can never collect on than sit by and wait for the next new charges.

Winter 2017

Editorial – Apple Industry Evolves to Meet Market, Environmental, and Regulatory Challenges Through Science

  1. On-Farm Evaluation of Apple IPM Protocols in the Champlain Valley
  2. Wild apple species as a source of fire blight resistance for sustainable productivity of apple orchards
  3. Red-juiced apple cultivars for Great Lakes production
  4. Evaluation of newer biologicals and the SAR-activator candidate Regalia in fire blight control applied by spraying or trunk injection
  5. Expanding the Range of the Samurai Wasp, Trissolcus japonicus, in New York Orchards

Winter 2017 Issue

When Will We Stop Being A Work In Process?

I am going to ask you a simple question. You may GOOGLE this later to fact check my answer. What do the following companies all have in common? Dell, GM, Ford, Kodak, Block Buster, Micro Soft, Motorola, Sears, Toys ‘R’ Us, Sony, Yahoo, Xerox, Border Books, Blackberry, Polaroid and of course the home of the Twinkie, Hostess? They are examples of once strong companies that felt they owned the MARKET and did not need to invest in research. I might even be so bold to include the Washington apple industry. I can recall a few short years ago when Washington felt the entire world would always crave a red or yellow delicious apple. They scoffed at eastern growers for having such a vast line of varieties. I need not tell you, orchards in Washington State bear little resemblance to life in the not so distant past.

At the close of WW11 farms could actually conduct business with the attitude, ‘if we grow what we want the markets will consume it’. Business ran from the plow to the consumer. Today all is changed. Informed agriculture realizes that the flow is from the shopping cart back to the plow. Today we are many generations removed from an American society that nearly every family could lay a connection to some farm roots. The modern consumer craves for the taste of the produce from the past. The rise of grown local and the home grown labels that are today common. They want flavor and safety in knowing the produce they are consuming is safe. What they do not understand they shy away from. (GMOs for example.)

To meet this trend we must not be an industry from the above list. We must find ways to produce for the modern consumer. She is as diverse as the many cars on the road. Henry Ford was certain we all would be happy to drive ‘black’ cars. GM and Ford had to almost declare bankruptcy before they were willing to make much improved, longer lasting more fuel efficient cars.

The New York industry to its credit has been re-inventing itself. We have much more to accomplish. Not only must we be willing to offer newer, crisper better flavors to our consumers. They want us to do so with safer chemicals to both the end users and the environment. To accomplish this we need to invest in research. Not too long ago the industry voted to double its self-assessment for applied research. This spurred a respect for our willingness to change. The NYS Senate when presented with our story matched our contribution. Great news. The issue is are we doing enough and fast enough?

There are two major categories for research. Private and publically funded. Private is of course important but it carries with it the baggage of being both biased and self-serving. I am not certain if the general public always trusts BIG BUSINESS to make all of these decisions.  Publically funded research may be the way to go to meet the needs of a hungry industry for knowledge and in keeping the consumer’s confidence.

As a grower I tended to make my farming decisions heavily from Extension or University studies. I felt they offered a much more objective opinion.  We must find ways to embrace knowledge from all sides. The challenge is how to finance this? I think we are on the correct path. We need to continue to be willing to invest our own funds from our own pockets.  As I have indicated we have a new partner. That consumer who no longer has a distant agriculture tie to her food supply, I think is willing to see public funds to drive this innovation. The gains we make are not for the sole benefit of the few farmers but all consumers. You may grow apples but your family consumes food from the entire food supply.

So the correct reply to my title is I hope we never feel so complacent that we resist innovation. As farmers we claim to be GROWERS. We must always strive for new ways to be better growers. Investing in research is essential to our continued survival.

 

 

USDA RMA Sets Listening Sessions too Review the Apple Crop Insurance Policy

 

 

USDA RMA Sets Listening Sessions to Review the Apple Crop Insurance Policy

February 26, 2018

Since July 2017, many apple growers attended or participated in meetings held by USDA’s Risk Management Agency (RMA) where the Agency discussed concerns with the higher than acceptable loss ratios experienced by the apple policy in certain parts of the country. The law under which the crop insurance program operates requires that the ratio of loss payouts to premium and federal subsidy income must not exceed a 1:1 ratio. Loss payouts (indemnity payments) must not exceed the total sum of premiums paid by growers and the federal premium subsidy. The federal subsidy for crop insurance premiums has averaged roughly 65% of the total premium cost in recent years.

As part of the in-depth analysis of the current policy, the RMA has developed a framework under which they plan to gather information and develop proposals to deal with the identified problems.

The first stage of the process calls for the RMA to hire a contractor with substantial expertise in crop insurance to conduct a study of the apple contract and to seek input from growers and insurance representatives. The contractor selected by RMA is Agralytica of Alexandria, Virginia.

Today, the RMA announced a series of listening sessions to be conducted by Agralytica inVirginiaNew YorkMichigan, and Washington State.  (Click on these links for additionalinformation.)

The announcement of the listening sessions also included an opportunity for an individual meeting. Instructions on arranging an individual meeting is below.

If anyone would like an individual meeting, Agralytica staff will be available at the above locations. To arrange a time, contact Andre Williamson by cell at 240-432-0308 or by email at awilliamson@agralytica.com. Alternatively, anyone who cannot attend can submit e-mailed comments. Please us “Apple policy” as your subject line.

Feel free to contact me with any additional questions you may have.

 

 

      USApple.org Questions? Contact us at 703.442.8850

Fall 2017

Editorial – A BIG Thank You to All Our Field Trial Hosts

  1. Horticultural performance of Geneva® rootstocks grafted with ‘Fuji’ in the Hudson Valley, NY
  2. Stem-end flesh browning of ‘Gala’ apples is decreased by preharvest 1-MCP (Harvista) and conditioning treatments
  3. Evaluation of dormant copper sprays with bark penetrating surfactants in reduction of Erwinia amylovora in cankers and of low-rate copper sprays in blossom blight control
  4. The National Academies’ latest report on preparing for future biotechnology products and its potential impact on the fruit industry
  5. The Resurgence of Codling Moth in the Hudson Valley

Fall 2017 Issue

Summer 2017

Editorial – Every Year is Different

  1. Critical Weed Control Requirements in Young High-Density Apple Orchards
  2. Innovative Technology for Apple Harvest and In-field Sorting
  3. Managing Strawberry Root Problems For Improved Profitability and Sustainability on NYS Berry Farms: Using Entomopathogenic Nematodes to Control Strawberry Root Weevil Complex
  4. Sunburn management on ‘Honeycrisp’ in the Hudson Valley in 2016
  5. Ethanol Accumulation Does Not Predict Soft Scald in ‘Honeycrisp’ apples
  6. The Impact of New York’s Minimum Wage Rules and Overtime on New York Apple Growers

Summer 2017 Issue

Annual Message

I have heard often that what happens in California is a good indication of which direction the country is heading. That may be true many times but for those of us here in New York State I think we may have a second read on this concept. Today California is deeply troubled by the reality that for farms to field a legal workforce they need to move heavily to the H2A program. This means that they must now become concerned with housing on a scale that frankly they are not prepared to cope with. No longer can they hire an employee and tell them to report to work the next day. Now they must provide approved housing for each new hire. Labor shortages are increasing in the West each day due to the requirements of compliance to H2A. I say welcome to our reality!

Here in New York we are seeing a sharp increase in the usage of the H2A program. The reality is that the labor pool that may migrate north is depleted and no longer able to fill our needs. To insure a labor supply adequate to meet your needs means you must make use of the H2A program. It may be cumbersome but it is workable if one follows the steps provided. Farm size has little to do with who is using this program. I know of several farms that are asking for only 2 employees. The point is, if you have a labor need no one is exempt.

Dairy continues to be the industry most at risk. We have seen countless attempts in Washington to get some relief for this industry. To date the seasonality clause remains the heavy lift. Many in dairy have expressed a strong desire to be allowed to participate in the H2A program. Some form of this may occur but thus far it remains a roadblock. The current H2C efforts if passed would offer some paths to relief. I see too many issues with this piece of legislation to ever make it to the finish line. The fact that we are still attempting to draft a good piece of legislation is the one bright take away from this H2C effort. If Dairy ever does get acceptance into the H2A program I think many will find themselves in the same position as California. Housing may be a huge barrier for this group to overcome.

Agriculture Affiliates/NYS Horticulture Society has agreed to participate in the 2018 Becker Forum. I have enclosed an agenda in this mailing for your review.  I would strongly encourage each farm to have some representation in Syracuse on January 15, 2018. We will have a one day review of many of the questions we will be facing both in Albany and DC in 2018. Second, we will have speakers from the State and Federal government to report on the most current news. We are offering a panel of three farms that have made the transition successfully to H2A. They will be a resource for all of you to hear what their observations of this process have been. As always we will allow a Q and A for you at the end to express your opinions. Please attend and consider sponsoring this program.

It may appear that we are fighting an uphill battle with regards to labor. I can understand this. I would

Paul Baker,
Executive Director
NYSHS

offer that we are making progress. Both in State and Nationally I see a broadening acceptance that Agriculture is very important to our economic security. Food security is a factor. From East to West we are seeing a centering of issues that I feel will only help to push sound guest worker legislation forward. New York State has been and will continue to be a leader in this growth. It is the participation of many of you that has kept our needs and issues current. We will with your participation and support continue to articulate your needs. I cannot state it more clearly that failure to be present when these issues are discussed is to surrender to concepts we know will offer only failure to our operations.

Thank you for your support;

 

Adverse Effect Wage Rates

State                              2017                              2018                                        %Change

New York                      $12.38                            $12.83                                     3.63%

Arizona                          $10.95                            $10.46                                     -4.47%

California                       $12.57                            $13.18                                     4.85%

Florida                           $11.12                            $11.29                                     1.53%

Georgia                          $10.62                            $10.95                                     3.11%

Hawaii                           $13.14                            $14.37                                     9.36%

Michigan                        $12.75                            $13.06                                     2.43%

New Hampshire              $12.38                            $12.83                                     3.63%

North Carolina               $11.27                            $11.46                                     1.69%

New Jersey                     $12.19                            $12.05                                     -1.15%

Ohio                               $13.01                            $12.93                                     -0.61%

Oregon                           $13.38                            $14.12                                     5.53%

Pennsylvania                  $12.19                            $12.05                                      -1.15%

Texas                             $11.00                            $11.87                                     2.42%

Vermont                         $12.38                            $12.83                                     3.63%

Virginia                          $11.27                            $11.46                                     1.69%

Washington                    $13.38                            $14.12                                     5.53%