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Columbia Basin Herald

March 6, 2025

Dear Editor, 

I write to correct the misleading claims made by Edgar Franks in the recent article regarding the Washington overtime law and the H-2A program (“WA Ag overtime bill in full effect, despite calls for change,” Feb. 19). Contrary to Franks' assertion that H-2A workers provide a "cheaper" labor alternative, the reality is quite the opposite. The H-2A program is an expensive, highly regulated system that growers turn to only when they cannot find enough local workers willing to take agricultural jobs. 

The U.S. Department of Labor (DOL) requires that farmers first advertise and offer jobs to local workers before turning to H-2A. Additionally, the wages for H-2A workers are not arbitrarily set by employers. They are determined by DOL and are intentionally high to ensure U.S. workers are not disadvantaged. This year, the H-2A Adverse Effect Wage Rate (AEWR) in Washington is $19.82 per hour— well above the state’s minimum wage. The H-2A program includes numerous costly requirements, including providing free housing, transportation, and strict compliance with regulations, making H-2A labor significantly more expensive than hiring domestic workers. 

Franks' claim that employers prefer H-2A workers because they "can't really advocate for themselves" is a gross mischaracterization. Oversight by three federal agencies and three state agencies ensures compliance with the law. The reality is that farmers face a persistent labor shortage, and the H-2A program is often the only available option to secure the workforce necessary to harvest crops.  

Washington's overtime court decision and laws were implemented without sufficient consideration for the unique nature of agriculture. The financial strain of the policy, combined with rising costs of labor, places family farms at risk and ultimately threatens the viability of the state’s agricultural industry. Workers will also be out of jobs if more farms close due to the increased costs of labor and overtime. Instead of vilifying farmers, as Franks does, we should be advocating for common-sense reforms to keep farms in business and modernize the H-2A program.  

Sincerely,  

Enrique Gastelum

CEO, Worker and Farmer Labor Association

www.wafla.org 

Editor’s Note: The story Mr. Gastelum is referring to may be found at https://bit.ly/CBHAGLABOR. The rate of $19.82 became effective on Dec. 16, 2024. The $19.25 rate, stated by Mr. Franks in the article, was set for the 2024 harvest. Rep. Tom Dent’s, R-Moses Lake, bill addressing the debated labor policy is currently in committee and additional details may be found at https://bit.ly/WAHB1597.