The H2-A program and E-Verify – what harvesters need to know

January 18, 2012 at 3:08 pm | Posted in E-Verify, H2-A, Harvesting | Leave a comment

I was recently featured in an article on the Florida Fruit and Vegetable Association’s on-line publication regarding the federal H2-A program.  The H2-A program is a guest agricultural employment program that permits a harvester to obtain foreign labor to harvest crops in the United States, if strict eligibility criteria is met. Advance planning to participate in the program is required.

If you would like more information about the program, and for an opinion on the E-Verify System, please go to the following address:

With E-Verify being a hot topic in so many states, including Florida, agricultural employers need to assess their needs and ensure a legitimate and legal workforce is available – especially now in Florida when both strawberries and citrus is ripe for picking.



New 2012 Florida Minimum Wage Posting Requirements – and a delay on having to display the new NLRB poster

January 13, 2012 at 10:00 pm | Posted in Employee, Employer, Employment Law, FLSA, union, wage & hour | Leave a comment

Happy New Year!  Florida has a new minimum wage, $7.67 per hour.  Florida employers covered by the Fair Labor Standards Act or Florida’s Minimum Wage Act must post a notice to employees regarding the new wage.  The poster must be placed in a common area frequented by employees for high visibility.  For a free copy of the notice, visit
On a more controversial note, unionized AND non-unionized employers subject to NLRB jurisdiction now have until April 30, 2012 to post the NLRA rights poster.  This poster was originally to be posted on January 31, 2012 but now covered employers have until April 30, 2012 to display the poster.
The poster provides a comprehensive list of employee rights under the National Labor Relations Act, including the right for employees to act in concert (to act together) to improve wages and working conditions.  Examples of unlawful employer and union conduct is also provided.  The poster also provides an instruction to employees as to how to contact the NLRB with questions or complaints.

The notice must measure 11 x 17 inches (yes, size matters in this instance), and must be posted in all locations where employee notices are normally posted, including on a company’s intranet or internet site.  No record-keeping or reporting requirements accompany the rule, however, the NLRB may treat any failure to display the poster as an unfair labor practice.  Employers may find the poster at   At some point, the NLRB will also make foreign language versions of the notice available. which foreign language notices are required at workplaces where at least 20% of employees are not English-proficient.
Will there be additional delays as to this posting requirement?  I will keep you posted.

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