Daniel Sheehan, AFOP Executive Director

January 4, 2024

Here we are again, dear reader.  Congress is coming soon to deadlines to fund the government with no apparent agreement even remotely in sight.  

Unless it acts, and acts soon, a significant and necessary part of the federal government will shut down in a little over two-weeks’ time, and most of the rest of it on February 2.  

Why are we here?  What can be done?  For what it’s worth, here’s my two cents, although two cents won’t get you much these days.  

AFOP board members and senior staff will come together at the Astor Crowne Plaza in New Orleans, LA, January 30-31 to participate in AFOP’s 2024 Leadership Conference.

Trusted presenters such as Ms. Laura Ibañez from the U.S. Department of Labor and Dr. Andrew Wiegand from SPR will review key policy and performance updates for NFJP.   Some new faces will also be joining us, including Nypheteria Clophus from the Louisiana One Stop System and Anna Hinken from the Department of Homeland Security, to provide key info on deferred action and on WIOA partnerships.

This is the first time in recent memory that the Leadership Conference is being held outside of the Washington, DC, area.  Take advantage!  AFOP is still accepting registrations.

USDOL Finalizes Wagner-Peyser Act Staffing Final Rule

The United States Department of Labor published the Wagner-Peyser Act Staffing final rule on November 24, 2023.  The final rule requires that states use state merit staff for all ES services, including services provided to migrant and seasonal farmworkers.  This rule reverses a policy put forward during the previous presidential administration.  The final rule is effective on January 23, 2024.  States have 24 months from the effective date to comply.  

USDOL Publishes Independent Contractor Final Rule

On January 10, 2024, the U.S. Department of Labor published a final rule revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA).  

It is important that employers classify their employees properly.  The misclassification of employees as independent contractors may deny workers minimum wage, overtime pay, and other protections.

AFOP Joins Letter Urging Congress to Complete FY24 Appropriations

AFOP joined 1,102 other anti-poverty advocates representing the diverse programs that support all of America to express concern about the dangers of Congress punting on its crucial fiscal year 2024 work by resorting to a full-year continuing resolution.  Doing so could result in deep cuts that, according to the letter, would be “disastrous” for the capacity of the federal government “to serve the public, assist those in need, fuel innovation, and address national and global threats.”  

Coalition on Human Needs Issues Statement on Topline Appropriations Agreement and Needed Additional Work

The influential Coalition on Human Needs, in which AFOP actively participates, issued a statement on January 9th that voiced approval for the topline appropriations agreement, but expressed concern about the necessary hard work ahead and the risk that Congress might include in any final legislation objectionable policy riders, like the House-passed immigration restriction and punishment bill.  

Patricia Stovall-Lane, AFOP Board director and PathStone’s executive director for New York, Ohio and Vermont, was recognized by Rural LISC as a Rural Champion Partner at its 2023 Seminar in Coachella Valley, CA.  Pat has worked for PathStone for over 20 years, and her contributions are “amazing,” said Brenda Lee Soto Colón, Vice President of Direct Services at PathStone, in a LinkedIn post announcing the award.  “I can’t feel more proud of the leadership team we have in our Direct Services Division.”

Long-time UMOS President Retiring This Year

Lupe Martinez, President, and Chief Executive Officer of UMOS assumed the newly created title and position of President Emeritus, effective January 1, 2024.

Lupe Martinez has been with UMOS for 54 years, 49 years as President/CEO. He has been active with the AFOP board almost as long.  

We will miss his leadership and influence in the AFOP community very much!

BHSSC Awarded the Prestigious Bush Prize

AFOP member Black Hills Special Services Cooperative (BHSSC), the NFJP grantee in South Dakota, was one of two winners of the Bush Prize in South Dakota in 2023.  

The Bush Prize celebrates organizations that are highly valued within their communities and have a track record of successful community problem solving.  

According to SD Community Foundation, BHSSC was found deserving of the award and prize money, in part, because it “practices innovative and collaborative processes in a number of ways in their work with schools and families across South Dakota.”

Blanca Barba Celebrates 40 Years with California Human Development

In a field with high burn-out rates, you pay attention when you hear someone has been with the program for 40 years. Blanca Barba has been with the farmworker program at California Human Development (CHD) even longer than that.  She started in 1979 and took one year off in the 1980s. When she came back to CHD, the clock started back at 0, meaning her true total of time served is closer to 43 years and counting.

What is the secret to Blanca’s enduring career?  In an interview with AFOP she emphasized the importance of respect and hard work, as well as the constant blessing of farmworkers.

On December 8, 2023, the House Education and the Workforce Committee released the WIOA Reauthorization bill, calling it “A Stronger Workforce for America Act” (SWAA).  If passed, this long-awaited bill would make key changes to WIOA, including a few affecting NFJP.

Happily, SWAA retains NFJP as a national program and increases appropriations levels by three percent.  On the other hand, the legislation would reduce national program administrative cost caps from 15 percent to 10 percent to align better with the overall workforce system.  

AFOP members say this change will present difficulties because administrative requirements for NFJP have not decreased.  In lowering the administrative cost cap, this bill would effectively require NFJP grantees to do more with less.

WIOA State Plans Due March 4th

State Workforce Agencies (SWAs) are in the process of developing their four-year Unified or Combined State Plans.  A State Plan is each state’s blueprint for the continued implementation of their workforce development system.  The 2024-2027 Plans are due to the Departments of Labor and Education by March 4, 2024.  

SWAs must solicit information and suggestions from NFJP grantees to inform their Agricultural Outreach Plan (AOP), which is an integral part of the State Plan.  DOL requires that states provide a copy of the proposed AOP to NFJP grantees at least 45 calendar days before submitting their final AOP to the Department, allowing at least 30 calendar days for NFJP to review and comment.  

We will have reached that 45-day benchmark on January 19, 2024.  If you have not received your state’s AOP by now, reach out to your State Monitor Advocate ASAP.

HHS 2024 Poverty Guidelines Published

The Department of Health & Human Services (HHS) has released the updated poverty guidelines for 2024, and the official numbers demarcating who is poor in America and who is not have – predictably – have gone up.  Whereas in 2023, when a family of four with an income of $45,000 was considered low-income for NFJP, that number has now risen to $46,800 in 2024.

NFJP grantees often use the poverty guidelines to determine a farmworker family’s low-income status, though DOL encourages grantees to first use evidence of public assistance to qualify applicants.

Since 2021, NFJP has been using 150 percent - and not 100 percent - of the poverty guidelines.  Grantees should make sure they are reading the appropriate column (Column J) when referring to the 2024 poverty guidelines chart.  AFOP secured that change in the yearly NFJP appropriations legislation.