Current Status of Labor Regulations

Current Status of Labor
Mike Carlton
Director Labor Relations
Florida Fruit & Vegetable Association
Executive Action
Current Labor Pool
H-2A Guest Worker Program
Federal Legislation
Presidential Executive Action
• Deferred Action for Childhood Arrivals (DACA)
o Originally: born after 1981 and entered before
June 15, 2007.
o Expanded to: brought into the country as children
before January 1, 2010
• Deferred Action for Parents (DAP)
o Applies to qualified adults who are parents of
U.S. citizens or lawful permanent residents (green
Deferred Action for Parents
• Have a child who, as of Nov. 20, 2014, is a U.S. citizen
or has a green card
• Have continuously lived in the U.S. since before Jan. 1,
• Were physically present in the U.S. on Nov, 20, 2014
and at the time they apply
• Have no lawful status on Nov. 20,2014
• Are not an enforcement priority
• Present no other factor that, in the exercise of
discretion, makes the grant of Deferred Action
Deferred Action for Parents
• To participate the parents must:
Come forward and register
Submit biometric data
Pass background checks
Pay fees
Prove their child was born before the date of
the announcement (Nov. 20, 2014)
Deferred Action for Parents
Employer Concerns
• Don’t Ask, Don’t Tell – employees should not inform you
that they are applying for deferred action; and you should
not ask if they are applying. Puts you in the position of
‘knowingly hiring’.
• Don’t Ask why they may be asking for copies of
employment records (see above)
• Employee provides new I-9 documents – attach to previous
file with notation of reason
• I-9 Audit – do not terminate until finding out if employee
has pending deferred action. Then ask DHS for an
extension in writing before making a termination decision
until after deferred action process.
• DHS and DOJ expect to provide guidance within 180 days
Florida H-2A Statistics
-- 4,432
-- 5,741
-- 6,945
-- 10,051
• 2014 -- 13,544
Immigration Legislation

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