Adverse Effect Wage rates for 2010 vs. 2011

As of March 1, 2011 the Adverse Effect Wage Rates have been issued. These rates cover every state except Alaska. As is always the case, there is a positive increase to the rates. In NY the rate increased to $10.25 per hour marking a $.09 increase over a year ago. The range in the nation is from $12.01 in Hawaii, where they saw the rate increase $.56 over last year to a low of $8.97 in both Mississippi and Louisiana. In both of these states the rate actually went down $.13 from the previous year. The overall average was an increase $.16 per hour nationally. Other states of interest to New York growers are; California $10.31; Florida $9.50; All New England States $10.25; Michigan $10.62; Ohio $10.84; Pennsylvania $10.60; Texas $9.65; Virginia $9.30 and Washington $10.60.

Executive Directors Report

As each of you return to your orchards I want you to know that the NYS Horticultural Society has only one mission. Our goal is to represent your needs when and where your voice is needed. In 2011 I have already been to Washington, DC four times and to Albany, NY twice on issues that directly impact your operations. I have the pleasure of working with a very unselfish and progressive Board of Directors. They will watch over the issues of the day and direct my efforts to represent you when you cannot afford to be away from your operations.

I honestly believe that, while all of you are disappointed that we have not seen AgJobs passed or a more progressive immigration platform established, in NY you are currently very much the envy of all growers in the US. Only in NY do we have both US Senators on the record in favor of AgJobs. You have had more Congressional co-sponsors to AgJobs over the last two Congresses than any other State. You have Senator Gillibrand seated on the Senate Ag Committee. Congressmen Bill Owens (D-23rd) and Chris Gibson (R-20th) serve on the House Ag Committees. The case has been made and heard that agriculture is a very important business here in New York. With such a strong presence as we currently have we will continue to work with this delegation to deliver positive messaging to Washington.

I want each of you to stop and decide if your source of labor on your operation will be from the H2A venue. If it is, you need to proceed now to secure your orders so that you will be able to contest and adjust to the diverse requests that currently seem to be consistent with this process. I personally used this process for 18 consecutive year’s right up until I retired from commercial farming. It was cumbersome but I do not personally think it was a poor investment. I kept very good cost per unit records and I found that while my wage rates were higher as a result of being in the program, my cost per unit was lower. It can be an excellent way for you to source a dependable labor supply.

If you do decide to go this route than you need to begin to know the local offices of your respective Congressman. Years earlier if I were to have written this report I would never have suggested this as a necessity. The reality is that in order to protect your job order you have a very good chance that you will need to call upon this office for their assistance in securing your papers in a timely fashion. I do believe that our delegation is aware of this and you will be treated with the proper respective you so rightly deserve. After all, you are the farm that is attempting to secure a legal guest worker.

Final thoughts on another topic that may become a news item. There is a very good chance that we will see Congress pass E-Verify. If they do and you will be forced to comply, do not feel that you are safe. Currently all this will do is verify that the names you have are associated with those social security numbers. If you are subject to a close audit, even if you are under E-Verify, you may find that those people are not valid. Thus, if this occurs on your operation in a critical time of need, such as peak of harvest you may be faced with terminating your current staff. Companies that have voluntarily gone into E-Verify have already been subject to this and lost their staffs. We have voiced our objection to this in both Senate offices and asked that agriculture be given some form of protection.