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Wednesday, May 22, 2024, 11:00 AM–12:00 PM (CT)

The Thorny Rose: Federal H-2A Program Compliance & Policy Implications

The federal H-2A program permits agricultural employers who cannot fill critical seasonal labor positions with U.S. workers to hire foreign workers to temporarily perform agricultural work. But participation in the program requires a commitment to compliance as there is likely no employment relationship more heavily regulated than that between an employer and an H-2A worker. As a result of this heavy regulation, employers often seek congressional intervention to streamline the bureaucracy and make the program more affordable. This program will highlight many of the compliance obligations, including best practices for avoiding costly violations, and whether there is any hope for reform.

Joshua Viau counsels and defends many agricultural employers in connection with the Fair Labor Standards Act (FLSA) the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), the H-2A temporary foreign agricultural worker program, and other federal and state employment and discrimination laws. His work for employer clients includes defending claims and advising employers on day to day issues arising under state and federal statutes such as Title VII, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the National Labor Relations Act (NLRA). Josh works with a variety of national and local clients including employers in agriculture. Josh graduated from the Emory University School of Law and he is the former Chair of the Labor and Employment Law Section of the Georgia State Bar. Josh has been selected to the Best Lawyers in America since 2015 and was recognized as a Georgia Super Lawyer since 2015 and as a Georgia Super Lawyer – Rising Star from 2006 through 2014.

Kristi Boswell focuses her regulatory and policy practice on advising farm and food clients on issues that impact food production, manufacturing, and retail sale. This includes compliance with organic standards, workforce needs, immigration, farm safety net programs, risk management, conservation, rural development, and food and nutrition programs. Whether advising farmers, trade associations, cooperatives, food processors or grocers, Kristi’s enterprise-wide USDA experience gives her the unique ability to effectively provide regulatory compliance counsel and identify opportunities to actively engage policy makers for regulatory or legislative improvements with an eye for agency process. Before joining Alston & Bird, Kristi served as a senior advisor to the Secretary of the U.S. Department of Agriculture, where she implemented the secretary’s priorities and advised the secretary on decision-making. She was active in implementation of the 2018 Farm Bill and pandemic response using Commodity Credit Corporation authority. Kristi also held a policy role at the White House, where she served as the agricultural voice in drafting H-2A regulatory reforms and immigration legislation. Before her time in government, she served as the director of congressional relations at an agricultural trade association, where she advocated Congress for legislative change for farm members.

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