By Blake Jackson
Some farming associations have filed a motion in a U.S. District Court in New York to put a temporary restraining order on a state farm labor law called the New York Farm Laborers Fair Labor Practices Act.
The farmers are concerned about elements of the law that conflict with a federal immigration agricultural program called H-2A, which allows individuals from other countries to fill temporary agricultural jobs.
Under federal law, farmers are obligated to try and find able, willing, and ready domestic workers before they can hire H-2A workers. The New York Farm Laborers Fair Labor Practices Act, however, has been interpreted by some to require farmers to guarantee H-2A workers the right to come back to their jobs year after year.
Farmers argue that this is in conflict with federal law and makes it difficult to attract and retain domestic workers.
The goal of the lawsuit is to get a system in place that is fair for everyone. Farmers say they support fair labor practices and the rights of farm workers both foreign and domestic, but they cannot be in conflict with themselves.
The New York State Public Employee Relations Board declined to comment due to pending litigation.
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Categories: New York, Business