Hey, hello, friendly ag employer again, and yes we grow a perishable crop! GuitarStv, I'd love to have a hard number on what you'd consider a fair wage. Usually the answer is whatever it takes to hire local people, and I'm sad to share the bad news that, well, that's usually nearly impossible. This work is hard and takes a level of fitness many people don't have. Plus a willingness to do blue collar type of labor, which again narrows the field. Finally, yes we could start paying what the trades pay...and then likely go out of business, meanwhile still losing people constantly as they find year-round jobs. That's an easy trope to fall back on, but our wages (due to being in the H-2A program) have gone up over 40% in the last 6 years. Inflation was 24% over that time frame. That's genuinely not sustainable. The only places I know that hire local people get college students a few hours at a time or have a farm market and the local people work at the same pay rate but mostly indoors and fewer hours. This wage increase has not led to local interest.
The first year we joined the H-2A program, our wages went up a dollar an hour, roughly a 8% raise. Yes, that was a lot, and it does show the difference between the "going rate" for "illegal workers" (though everyone can hand me documents needed for the I-9 and I promise you they're not all illegal) and the government-backed program. We now pay over $17/hour, and offer 45-50 hours of work per week, if the weather cooperates. More hours in the harvest season. When we pick apples piece rate, some workers take home *after paying taxes* over $1,000 a week. They absolutely earn that money. They earn that money whether they're here on an H-2A visa or as a domestic seasonal migrant worker, which we still hire both of. Our H-2A workers sometimes come from more middle-class areas and jobs, and those guys need about a month to acclimate to being on their feet working quickly all day. We've hired U.S. workers locally (we're required to with H-2A) and literally none of them have stayed for a second day of work. I believe it's because they can make a few dollars less per hour at the local gas station and not work as hard (but that job requires knowing English and being able to do basic math - you'd be amazed how many people we employ that genuinely can't add). Many don't show up and only applied to fulfill unemployment requirements.
This year we pay over $17/hour, after annual increases anywhere from 50 cents to $1. We've had employees leave to go get paid $19/hour under the table in a landscape crew seasonally. Or $15/hour but indoors in a packing house. Very few employees have left. Nowadays roughly 50% of the growers in our county are in the H-2A program, so the wage rate that program requires is by and large the "going rate" for employment in our industry for all of us. In states where overtime has been enacted, most growers hire more workers (usually H-2A because it's the most reliable way to suddenly increase your workforce, over the usual method of "yeah he's got 2 brothers, 3 cousins, and a nephew who can come next year") to stay under the threshold, because doing the math it's genuinely not worth it to pick apples at time and a half rate. The profit margin is slim sometimes. We also walked away from several blocks this year because the fruit quality was low enough that the marginal cost to harvest it was not going to be made up for with the sales price.
For the record, we grow the apples you buy at the grocery store and in your apple juice and apple sauce. And you may or may not have noticed that apple prices are cheaper this year because the national crop was huge, so at times apples are being sold for less than the cost of production. It's wild times out there.
If you want to see what the minimum rate is for H-2A employees in your state, see here:
https://flag.dol.gov/wage-data/adverse-effect-wage-rates Those rates also apply to anyone else on the same farm doing the same work, and the DOL takes that very seriously. So if we have any illegal workers, they're getting the same rate and also paying taxes.
Final caveat that some employers have done absolutely horrendous things, and when the DOL investigates you see the articles about it. We all think they're despicable, to be clear. But whole bunches of employers are out here following the rules*. I think the best evidence for that is the returning H-2A and domestic seasonal migrant employees. These people leave, and then choose to come back, every single year. Would you return to your job every single year if it was terrible? While their other options may not be great, they're not limited to just us. And H-2A workers are tied to an employer while they're here, but the can certainly find a different contract for next year. Domestic seasonal migrant workers are the most mobile people you'll ever meet - just up and leave without saying anything on a Wednesday morning and call 2 weeks later asking you to mail them their check, or alternatively you never hear from them again. Half of them don't have cars, but they all have a cousin/friend/sibling within an hour or two who can pick them up.
*DOL will investigate us, and all employers, and find violations. A neighbor farm was cited for unsafe housing conditions, and the press release went in the local paper, because an employee had a crock pot in his room rather than the communal kitchen and that's a fire hazard. During our in-season housing inspections, we regularly have to take the aluminum off the smoke detectors - the employees cover them because their cooking in a lot of oils above that oil's smoke point. If they visited us today, we have 8 newish apartments that don't have screen doors because the guys didn't want them (they have air conditioning, and new guys would leave the regular door hanging open since there was a screen door, letting all the cool air out), and they're responsible in taking care of their housing so we agreed. That's 8 violations if DOL shows up. If a lightbulb is out, that can be a $500 fine. That's really happened to us. Outside of housing, a local farm had 2 H-2A contracts, each for 5 months or a bit less. There was a break on each side of the contract, so think Feb - June, then Aug - Dec. The rules say you can't have a contract longer than 10 months. Employers have taken that to mean workers can't be here more than 10 months. DOL denied their next application, and put out a press release, because this employer didn't have 2 consecutive months of no temporary seasonal workers here. Which isn't in any written rules. So that farm reconfigured things to have people here for up to 10 consecutive months, and have 2 consecutive months of no one here. In the meantime, they didn't have workers for 4 months of the busy season because of this problem. Oy. All the housing problems listed above apply no matter who you're employing - visa workers or domestic seasonal migrant workers, it's the same rules.
I just saw the Canadian example - yes, absolutely true. And there are definitely undocumented workers on Canadian produce farms. And the SAWP rate in Ontario is $16.71/hour. So less than what we're paying. Can we call that a fair wage?