US law requires growers to hire domestic farm workers before relying on foreign farm labor

Yuma, Arizona – February 2, 2009 – Over twenty- five US workers, who lost their jobs to foreign guest workers, filed complaints with the Department of Labor and Department of Economic Security in Arizona against their employers. The workers are represented by Community Legal Services, a not-for-profit civil law firm in Arizona.

The complaints filed Friday allege that in the fall of 2008, instead of rehiring from an existing labor pool of US farm workers, Escamilla and Sons requested permission to import 458 foreign guest workers to harvest lettuce. In its application to the US government, Escamilla contended that it could not find US workers to do the work. This lettuce season, the US workers were told by Escamilla and Sons that they were not wanted because Escamilla wanted foreign labor.

“Our clients live pay check to pay check and were counting on this job this year as they have done previously. Escamilla blatantly refused to hire them,” states Pamela Bridge, an attorney at Community Legal Services.

To protect the wages and working conditions of the domestic agricultural workforce, federal law requires employers to extend a preference to qualified US farm workers before turning to foreign farm labor. The US farm workers claim that they called supervisors at Escamilla before the season started and were informed they were replaced by foreign labor.

In addition, several of the workers reported to the Department of Economic Security to get a referral to work for Escamilla. Escamilla again refused to hire these workers.

“Escamilla seriously abused the H-2A regulations.” continues Pamela Bridge. “We are concerned because not only did the Department of Labor certify the order to allow Escamilla to bring in foreign labor, but the Department of Economic Security knew that US workers wanted these positions and they were still not hired. The Department of Labor and the Department of Economic Security have the authority to prevent such egregious abuses. In this economic climate, its difficult to understand why the government would allow guest workers to take US workers.”

The workers are asking the Department of Economic Security and the Department of Labor to de-certify Escamilla and Sons from the H-2A program and to prevent future abuses of the program.

CONTACT:
Pamela M. Bridge, Attorney
Community Legal Services
(602) 258-3434 EXT: 2650

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