|  | | | Amidst Two Active Grant Competitions, AFOP Members Submit Proposals and Wait |
| On April 30, the United States Department of Labor (DOL) opened the 2024 NFJP Housing grant competition just three days before closing the NFJP Career Services & Training (CST) grant competition. This is the first time DOL competed the two different types of NFJP grants separately.
NFJP departed from past practice in a number of ways. In the NFJP Housing Funding Opportunity Announcement (FOA-ETA-24-18), housing grants are limited to the top 12 MSFW-Significant states, barring from competition any organization that proposes to serve farmworkers in other states. |
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| (Formerly, applicants could propose to serve farmworkers in any U.S. state. Current NFJP Housing grants serve farmworkers in 38 states.)
DOL also made several significant changes to NFJP CST grants. For example, FOA-ETA-24-15 suggested that DOL may split NFJP allocations in the states with the highest funding amounts. It also emphasized the importance of innovative ideas, good jobs principles, and sector strategies.
DOL hopes to announce grant awards by early July. |
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| | | |  | DOL Releases 2024 Funding Allotment Information for NFJPAFOP June 12, 2024 |
| DOL’s Employment & Training Administration (ETA) published the funding allotments for NFJP in the Federal Register Notice (FRN) on Tuesday, June 11. As expected, the PY 2024 amounts are almost identical to PY2023, since Congress appropriated the same amount for the program and ETA pro-rated allotments for 2024 based on the PY 2023 allotment percentage. However, ETA set aside $16,000 less for “program integrity,” allotting each state .02% more funding than in 2023. A table with funding amounts for each state can be found in Section V.
ETA says it plans to update its formula in PY 2026, including a re-implementation of the staged stop loss / stop gain process. The PY 2024 allotments did not necessitate a stop loss / stop gain, as the difference between PY 2024 and PY2023 was very slight. ETA will publish its approach and calculations for PY 2026 in a subsequent notice.
The notice also includes a “Minimum Funding Provision” which says that any state with an allotment less than $60,000 “will, at the option of the DOL, receive no allotment or, if practical, be combined with another adjacent state service area.”
The information contained in the FRN will become effective by July 1, 2024. The public can comment on the notice through June 25. |
| | |  | Acting Secretary of Labor Julie Su, right, poses Friday with farmworkers from Balletto Vineyards. California Human Development’s Thomas Stuebner can be seen in the background, flanked by Krister Engdahl and Laura Tramontana of USDOL. Photo by the Press Democrat. |
| DOL Announces H-2A Final Rule at California Press Conference; AFOP Members and DOL Staff AttendAFOP April 29, 2024 |
| On Friday, April 26, DOL announced new regulations governing the H-2A program in a further attempt to protect H-2A workers and U.S. domestic farmworkers. These changes acknowledge and prohibit some of the abuses and problems that have plagued the program for years. For example, the final rule forbids employers from withholding workers’ documents against their will, and it requires all workers to have seatbelts when being transported to and from the worksite.
Acting DOL Secretary Julie Su publicized the final rule at a ceremony on Balletto Vineyard grounds in Santa Rosa, CA. Executive Director of California Human Development Thomas Stuebner, USDOL Federal Project Officer Krister Engdahl, USDOL Division Chief Tarah Holt, and USDOL National Monitor Advocate Laura Tramontana attended the press conference.
Mr. Stuebner said, “It was a beautiful day and symbolic for us that this national announcement was made in Sonoma County, California.”
The new rule takes effect on June 28, 2024, and will apply to H-2A applications submitted on or after Aug. 29, 2024. |
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|  | Poultry workers at major U.S. meat-processing plants are highly susceptible to repetitive-motion injuries, denied bathroom breaks and are most often immigrants and refugees. Earl Dotter / Oxfam |
| DOL’s Wage & Hour Division Steps up Enforcement of Child Labor StandardsAFOP June 2, 2024 |
| DOL has escalated its efforts recently to enforce child labor laws, and the advocacy community has taken note. DOL’s Wage & Hour Division significantly raised the penalties for violations in several enforcement actions and began prosecuting the companies that benefitted from the child labor (and not just the company that committed the violations).
In Tennessee, DOL required a parts manufacturer to turn over profits from oppressive child labor use - $300,000 - and compensate victims to the tune of $1.5 million. Last month in California, DOL again required employers to give up profits tainted by oppressive child labor – $1 million worth – and pay assessed penalties of $171,919 for their child labor violations. DOL stated that, “It was one of the largest wage violation settlements ever reached for U.S. poultry workers.”
Reid Maki, Director of the Child Labor Coalition (CLC) to which AFOP belongs, praised DOL’s “creativity” with these enforcement actions, saying the advocacy community has been recommending more punitive measures like these for years. “Holding beneficiaries accountable is something DOL said it would do when it announced its meatpacking investigation results in February 2023,” Maki stated in a press release from the National Consumers League. “It’s great to see it happening.” |
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| |  | OSHA Heat Stress Rule Advances to the Next StageUSDOL May 8, 2024 |
| DOL has taken an important step in addressing the dangers of workplace heat and moved closer to publishing a proposed rule to reducing the significant health risks of heat exposure for U.S. workers in outdoor and indoor settings.
On April 24, DOL’s Occupational Safety and Health Administration presented the draft rule's initial regulatory framework at a meeting of the Advisory Committee on Construction Safety and Health. The committee, which advises the agency on safety and health standards and policy matters, unanimously recommended OSHA move forward expeditiously on the Notice of Proposed Rulemaking. As part of the rulemaking process, the agency will seek and consider input from a wide range of stakeholders and the public at-large as it works to propose and finalize its rule. |
| | |  | DOL Expands Overtime ProtectionsUSDOL June 3, 2024 |
| The Biden-Harris administration has expanded overtime protections for millions of the nation’s lower-paid salaried workers by increasing the salary thresholds required to exempt an employee from federal overtime pay requirements.
Effective July 1, the salary threshold will increase to the equivalent of an annual salary of $43,888 and increase to $58,656 on January 1, 2025. The July 1 increase updates the present annual salary threshold of $35,568 based on the methodology used by the prior administration in the 2019 overtime rule update. On January 1, 2025, the rule’s new methodology takes effect, resulting in the additional increase.
Starting July 1, 2027, salary thresholds will update every three years by applying up-to-date wage data to determine new salary levels.
WHD is offering a series of online seminars to provide a general overview of requirement. The next one will be held on Thursday, June 13. |
| | | | |  | Registration Opens as AFOP Prepares for its 2024 National ConferenceAFOP June 4, 2024 |
| AFOP has opened links for its 2024 national conference at The Flamingo Hotel in Las Vegas, Nevada, September 24-26. This year’s theme is “From Seed to Success: Growing Opportunities for Farmworkers.” At the conference, AFOP vows to recharge attendees’ batteries and provide the training they need to continue the vital mission of serving farmworkers and their families. |
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| MET, Inc., Hosts Successful Joint DARI-ERAFA-SRC ConferenceAFOP June 2, 2024 |
| AFOP member MET, Inc., hosted a successful joint DARI-ERAFA-SRC Conference in San Antonio, May 14-16. The agenda included a moving presentation from award-winning slam poet and author, S.C. Says, as well as a powerful poverty simulation facilitated by the local community action agency.
The conference drew a record 125 attendees from 28 states. Guests appreciated the informational content, engaging presentations, and 80’s-themed evening reception full of fun games, a robust 50-50 raffle, and karaoke. Congratulations to MET, Inc., staff on a job well done! |
| |  | Carolyn Benitez Retires from Kansas SER;Mr. Joel Leiva Chosen as Executive Program OfficerAFOP June 6, 2024 |
| Ms. Carolyn Benitez retired at the end of May 2024 from SER Corporation as co-CEO and Executive Officer for the National Farmworker Jobs Program. We thank Carolyn for her many years of dedicated service to the farmworker community in Kansas as well as to SER Corp, AFOP, and NFJP.
Kansas SER Corporation has chosen Mr. Joel Leiva as its new Executive Program Officer. Richard Lopez continues as President and CEO. |
| |  | CET Chief Executive Officer Hermelinda Sapien greets Roberto Dansie after his inspiring talk at the 2023 WAFA regional training conference |
| Farmworker Friend Roberto DansieAFOP June 6, 2024 |
| It was with deep sorrow that AFOP learned of the passing in April of Roberto Dansie, cultural counselor, healer, and farmworker friend. Those who heard him speak could not help but be moved by his awesome presence. He shared valuable cultural wisdom with warmth, joy, and optimism. He truly was a force for good in this world. AFOP misses him dearly. |
| | Farmworker Health & Safety |
| |  | AFOP Celebrates Another Successful Farmworker Women’s Health WeekAFOP May 21, 2024 |
| The week of May 12-18 AFOP celebrated National Farmworker Women’s Health Week (NFWHW). NFWHW’s purpose is to make people aware of the contributions farmworker women make to society and the daily challenges they face, such as limited access to healthcare and education, harmful pesticide exposure, and unfairly low wages. |
|  | During NFWHW, AFOP conducts a social media campaign, provides pesticide safety training, and distributes educational materials in honor of farmworker women. This year, AFOP partnered with more than 25 organizations for a social media campaign, providing them with toolkits containing daily posts and signs to generate their own content. The campaign reached over 30,000 accounts daily across all social media platforms. |
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|  | National Heat Stress Prevention Training MarathonAFOP May 21, 2024 |
| As part of AFOP’s efforts to protect farmworkers from heat-related illness, AFOP conducts an annual National Heat Stress Prevention Training Marathon Week. This year’s marathon will take place from July 14-20 when AFOP’s NFTP trainers focus on providing heat stress prevention training to the farmworker community. Simultaneously, AFOP Health and Safety Programs will hold a social media awareness campaign with tips and tools to help farmworkers mitigate the risk of a heat-related illness. |
|  | | Excessive exposure to heat can cause a range of heat-related illnesses, from skin rash and cramps to heat exhaustion and heat stroke, which could result in death if prompt medical attention is not provided.
Prevention is key to avoiding such health disasters. Farmworkers can prevent heat-related illness by taking a few simple steps such as drinking water, taking small breaks, and being in the shade. |
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| |  | Help us Bring an Art & Essay Contest Winner to the National Conference! |
| AFOP’s annual Art & Essay Contest for Migrant & Seasonal Farmworker Children opened April 1 and will close July 15. Please help spread the word to every farmworker child you know and encourage them to enter!
This year’s contest theme is “The Echoes of the Harvest.” As in past years, the children’s entries are sure to be both powerful and compelling.
Hearing the voices of CIFC contest winners is the highlight of the conference. Farmworker children’s stories remind us how vulnerable the farmworker community is and therefore how vital it is that we continue the work of NFJP. With everyone’s support, we can bring the contest winners to the conference.
What is the estimated cost per child (and chaperone)? About $4,000 including airfare, hotel, food, and transportation to/from airport. |
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| If you can sponsor a winner, or partially sponsor one, please contact Melanie Forti at forti@afop.org.
You can also support this work by donating to AFOP or purchasing merch from our online store. Don’t wait and miss out on these items! New merch is coming very soon. |
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| | | |  | DACA Recipients Soon Eligible for ACA CoverageAFOP May 8, 2024 |
| President Biden on May 3 signed into law an Executive Order that allows Deferred Action for Childhood Arrivals (DACA) recipients to receive healthcare under the Affordable Care Act (ACA). DACA recipients, commonly known as Dreamers, can enroll in ACA health insurance plans starting November 1, obtaining crucial access to healthcare services and financial assistance. According to a statement from the National Immigration Law Center (NILC), this will lead to approximately 100,000 people getting insured, a major step for health equity and immigrant justice. |
| | |  | McNeill Labor Management employees planting cane in the muck soil in Belle Glade. Photo: McNeill Labor Management |
| Farmworker Dies First Day on the Job; USDOL Cites Employer for “Serious Violation”AFOP June 6, 2024 |
| A young H-2A worker from Mexico suffered heat stress in South Florida and died just hours after being on the job, the latest farmworker to succumb to a heat-related illness. The DOL’s OSHA cited the labor contractor, McNeill Labor Management of Belle Glade, with a “serious violation for exposing workers to hazards associated with high ambient heat while working in direct sunlight.” DOL’s press release also states that the employer did not report the worker’s hospitalization or death, though both are required by law. The company is contesting the findings. |
| | | | | | AI as a Tool for Inclusive Bilingual EducationIntercultural Development Research Association (IDRA) By Lizdelia Piñón, Ed.D. March 2024 |
| Bilingual educators are often challenged by a lack of resources, outdated data and evolving demands of assessments, particularly in linguistically diverse schools. Artificial intelligence (AI) in language instruction offers bilingual educators access to powerful tools.
The 5 million emergent bilingual (English learner) students enrolled in public constitute 10% of the total student body. Among these students, Spanish is the predominant language spoken at home. They are often taught by bilingual educators tasked to help them in the complex process of acquiring the English language as they maintain their native language.
This infographic by IDRA outlines ways educators can address linguistic diversity with AI tools. |
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| | |  | The Aspen Institute to Shine a Light on Farmworkers and the Nation’s Food Supply ChainAspen Institute June 6, 2024 |
| As we enter the summer months and holidays, many of us will be spending time with friends and loved ones at barbecues and eating out at restaurants. Food is something that brings us together in times of celebration, and even sorrow. In the US, however, many are disconnected from where food originates and the work that makes our meals possible.
Through our three-part series, “The Hands that Feed Us: Exploring Job Quality Challenges in the US Food Supply Chain,” we highlight the realities faced by some of our most essential workers – those who sustain our food system – including low pay, hazardous environments, and limited rights faced predominantly by immigrants, people of color, and women in the food supply chain. We also promote ideas to improve this situation. |
| | | Additional Funding Opportunities |
| |  | $35M Available for 2nd Round of Building Pathways to Infrastructure Jobs GrantsUSDOL May 15, 2024 |
| The Department of Labor announced the availability of approximately $35 million in funding through the second round of Building Pathways to Infrastructure Jobs grants to prepare workers for the good-paying infrastructure jobs being created by the Biden-Harris administration’s “Investing in America” agenda. This grant opportunity closes July 7, 2024. |
| | | | |  | LULAC Condemns Governor DeSantis' Reckless Actions Endangering Latino Essential WorkersLULAC April 16, 2024 |
| The League of United Latin American Citizens vehemently condemns Governor Ron DeSantis' recent actions, which pose a grave threat to the health and safety of Latino essential workers in the state. The April 11 signing of a bill banning local governments from mandating heat and water breaks for outdoor workers directly endangers the lives of thousands of workers, particularly in industries such as construction and farming.
This bill was enacted as a direct response to Miami-Dade County's initiative to enforce shade and water breaks for construction, farm, and other outdoor workers. With Miami-Dade estimating a workforce of over 325,000 individuals in these sectors alone, it is evident that such protections are crucial for safeguarding the well-being of workers in Florida. |
| | |  | Buildings that are part of the Rio Vista Bracero Reception Center in Socorro, Texas. (Photo: City of Socorro) |
| ‘Inhumane’ Mexican Worker Program Commemorated in U.S.Washington Post By Rachel Hatzipanagos May 13, 2024 |
| Last year, Rio Vista, a collection of 21 buildings where braceros were processed in South Texas, was designated a national historic landmark. And last week, the city of Socorro and the National Park Service dedicated plaques honoring the center.
“This property possesses national significance in commemorating the history of the United States of America,” the plaque reads. It is the first national landmark to have plaques posted in English and Spanish.
Mexican workers chosen for the Bracero program were sent across the country but mostly worked along the U.S.-Mexico border, according to the National Park Service. The term “braceros” came from the Spanish word for arms, “brazos.”
While the agreement between the United States and Mexico establishing the program included rules for how the braceros would be treated, they weren’t always enforced, said Mireya Loza, an associate professor of history at Georgetown University. Employers were supposed to provide free housing and medical treatment but often didn’t comply, Loza said. |
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