Montgomery Advertiser | SPLC: H-2B abuses workers
SPLC: H-2B abuses workers
Montgomery Advertiser | November 8, 2011
The U.S. Department of Labor's proposed wage increases to a federal guest worker program have some Alabama officials questioning its math. However, a Montgomery-based civil rights organization said the changes to H-2B are needed to protect vulnerable foreign workers and provide a living wage to U.S. workers doing the same jobs.
"As it currently exists, (H-2B) is fundamentally flawed," said Mary Bauer of the Southern Poverty Law Center. She co-authored "Close to Slavery," SPLC's 2007 report on guest worker programs. Over the years, SPLC has represented thousands of workers who have been abused under H-2B, Bauer said.
Some foreign workers have entered the U.S. greatly in debt, been paid less than they were promised, been charged exorbitant rates for housing and been overworked in miserable conditions, Bauer said.
"We do not think (H-2B) should exist in its current form," she said.
The SPLC is not alone in that thinking.
"The program in its current form should be disbanded," said Ana Avendano, director of immigration and community action for the AFL-CIO. "At a minimum, major changes should be made."
Both organizations have pushed for changes to the program that allows for about 66,000 non-agriculture, seasonal workers to enter the U.S. each year. In Alabama, they work in the forestry and hospitality industries, among others.
Early this year, the Department of Labor approved wage changes to the program. Opponents have said the wage increases will make the program unusable and could kill small businesses.
A forestry representative recently told the Montgomery Advertiser that his company's current hourly wage for H-2B employees ranges from $7.25 to $8.37. Under the DOL increase, it would vary from $13.06 to $21.16.
The new wages vary depending on the industry and county. Employers who use H-2B would have to advertise -- and pay the same wage -- to local workers.
There is no job that Americans will not do if it pays a decent wage and has decent conditions, Avendano said.
In Alabama, the unemployment rate is about 9.8 percent.
"The point of the law is to protect U.S. workers who may want those jobs," Bauer said. "All of a sudden, they become much more attractive."
As for the $21 an hour, Bauer said employers can appeal to the DOL.
"If you think there is an error, ask the DOL to fix it," she said. "There is a process for that."
But elected officials in Alabama said they've asked for clarification on the wage increases -- and haven't gotten it yet.
In September, six U.S. representatives from Alabama -- Martha Roby, Mike Rogers, Terri Sewell, Jo Bonner, Spencer Bachus and Robert Aderholt -- sent a letter to Secretary of Labor Hilda Solis, asking how wages in Alabama were determined under the new methodology.
"We are concerned that the wage calculation is not reasonable, given that it appears to increase wages up to 104 percent, and it is much higher than that of surrounding states," the representatives wrote.
"Employers and landowners argue that the rule, if enacted, would result in increases in labor costs that Alabama's timber and landscaping industries cannot absorb. ... Another possible consequence of the wage recalculation is that certain businesses will close, resulting in a further reduction of available jobs."
According to the DOL, the revised H-2B prevailing wage is based on the highest of the following:
"Wages established under an agreed-upon collective bargaining agreement;
A wage rate established under the Davis-Bacon Act or the McNamara O'Hara Service Contract Act for that occupation in the area of intended employment; or
The arithmetic mean wage rate established by the Occupational Employment Statistics wage survey for the occupation in the area of intended employment."
Roby, R-Montgomery, is one of about 19 co-signers on a bill to block the wage changes from going into effect next month.
In an email Tuesday, Roby said that John McMillan, the state's agriculture commissioner, and State Forester Linda Casey requested help to understand the prevailing wage decision.
"It is important to find out from the labor secretary why a disparaging wage difference exists between our state and those surrounding Alabama," Roby said. "I am not satisfied with the response we have received so far, and we'll continue to push for answers."
According to the state Forestry Commission, while H-2B workers in Alabama would have to be paid up to $21.16, the highest wage in Tennessee would be $12.09. Meanwhile, Mississippi foresters using the program wouldn't pay more than $17.66.
Brett Hall, a deputy agriculture commissioner, said Tuesday evening his office doesn't understand how the federal government arrived at its data -- and doesn't think the government understands how it will impact Alabama's economy in a negative way.
"We're concerned that this will hurt the forestry industry in Alabama," Hall said. "Even if it's not in our domain, it still affects our economy."
In Alabama, the unemployment rate is about 9.8 percent.
"The point of the law is to protect U.S. workers who may want those jobs," Bauer said. "All of a sudden, they become much more attractive."
As for the $21 an hour, Bauer said employers can appeal to the DOL.
"If you think there is an error, ask the DOL to fix it," she said. "There is a process for that."
But elected officials in Alabama said they've asked for clarification on the wage increases -- and haven't gotten it yet.
In September, six U.S. representatives from Alabama -- Martha Roby, Mike Rogers, Terri Sewell, Jo Bonner, Spencer Bachus and Robert Aderholt -- sent a letter to Secretary of Labor Hilda Solis, asking how wages in Alabama were determined under the new methodology.
"We are concerned that the wage calculation is not reasonable, given that it appears to increase wages up to 104 percent, and it is much higher than that of surrounding states," the representatives wrote.
"Employers and landowners argue that the rule, if enacted, would result in increases in labor costs that Alabama's timber and landscaping industries cannot absorb. ... Another possible consequence of the wage recalculation is that certain businesses will close, resulting in a further reduction of available jobs."
According to the DOL, the revised H-2B prevailing wage is based on the highest of the following:
"Wages established under an agreed-upon collective bargaining agreement;
A wage rate established under the Davis-Bacon Act or the McNamara O'Hara Service Contract Act for that occupation in the area of intended employment; or
The arithmetic mean wage rate established by the Occupational Employment Statistics wage survey for the occupation in the area of intended employment."
Roby, R-Montgomery, is one of about 19 co-signers on a bill to block the wage changes from going into effect next month.
In an email Tuesday, Roby said that John McMillan, the state's agriculture commissioner, and State Forester Linda Casey requested help to understand the prevailing wage decision.
"It is important to find out from the labor secretary why a disparaging wage difference exists between our state and those surrounding Alabama," Roby said. "I am not satisfied with the response we have received so far, and we'll continue to push for answers."
According to the state Forestry Commission, while H-2B workers in Alabama would have to be paid up to $21.16, the highest wage in Tennessee would be $12.09. Meanwhile, Mississippi foresters using the program wouldn't pay more than $17.66.
Brett Hall, a deputy agriculture commissioner, said Tuesday evening his office doesn't understand how the federal government arrived at its data -- and doesn't think the government understands how it will impact Alabama's economy in a negative way.
"We're concerned that this will hurt the forestry industry in Alabama," Hall said. "Even if it's not in our domain, it still affects our economy."
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