Confidence is preparation. Everything else is beyond your control.
General Session I – Ballroom C&D
8:30 – 8:40
WELCOME – Dan Fazio, Director of Washington Farm Labor Association
8:40 – 9:00
Labor Issues You Need to Know – Tim Bernasek, J.D.
9:00 – 9:30
Health Care Law Update – Chris Rivard & Michelle VanDellen, CPAs
9:30 – 10:00 Attempted Forced Unionization – A Washington farmer’s story – Dick Bengen, Owner of Ruby
Ridge Dairy and Kirk Peterson, an attorney representing the Bengens.
10:00 – 10:45 Speed Dating – Each breakout presenter has 5 minutes to summarize their topic. You decide which
sessions are most appealing, and get a 15 minute break to pick up materials from all sessions.
11 – Noon
Morning Breakout (See below)
12 – 1:30
KEYNOTE SPEAKER/ LUNCHEON – Ballroom A&B
Dan Newhouse, Director, Washington State Department of Agriculture
1:30 – 2:30
Early Afternoon Breakout (See below). [15 minute break]
2:45 – 3:45
Late Afternoon Breakout (See below). [15 minute break]
General Session II – Ballroom C&D
4 – 4:30
Overtime in Agriculture – Greg Lofland, J.D.
4:30 – 5:00
ICE I-9 Audits – Attorney Panel
Breakout Agenda
Breakout #1
Breakout #2
Breakout #3
Breakout #4
Early PM
Labor Relations –
Dealing with unions
Healthcare
Protected Leave
Laws
DOL: H-2A
Late PM
Workers’ Comp
Farm Labor
Contractors
DOL: MSPA – What is it, how
do you comply?
Changing Immigration Laws:
How does it impact you?
The New ADA: What’s
different, how do you comply?
ESD – Hot Topics
for employers
Youth in
Agriculture
No Match – Still a
problem
Morning
Description of Topics
General Session I
Labor Issues You Need to Know: Tim Bernasek, an attorney from Oregon who specializes in Ag labor issues, will
kick off the conference with some Labor Issues that farmers should be tracking.
Health Care: Every business owner needs this 30 minute update on the historic national healthcare law. Listen up, and
attend the break out session if you need more details.
Attempted Forced Unionization: In August 2009, a dairy in the Tri-Cities let two workers go for violation of company
policies. Within the week, a United Farm Workers representative informed the farmer that the union would be
representing his workers. What happened next? What is going on now? Find out.
Speed Dating: Which breakout sessions will you attend? Presenters from each breakout provide a five minute preview,
while WAFLA staff place written materials on the back tables. You get a fifteen minute break at the end of this session
to peruse written materials from all the presentations, and decide which breakouts you’ll attend.
Keynote Luncheon
Labor Shortage: Washington Agriculture Director Dan Newhouse has been confirmed as our featured speaker.
Newhouse will discuss the labor shortage, and talk about what the state can – and can’t – do about it.
General Session II
Overtime in Ag: State law exempts packing and processing workers from time and a half for overtime. But federal law
may not. Gary Lofland, a Yakima attorney with many years of experience in this area, reviews the rules that you need to
live by.
ICE I-9 Audits: In 2011 nearly 3,000 employers faced I-9 audits, called “silent raids.” A panel of attorneys who have
represented employers in audits discuss useful strategies when ICE notifies you of an audit.
Morning Breakout Sessions
Labor Relations
Protected Leave Laws
DOL: MSPA
ESD Hot Topics
Breakout #1
Breakout #2
Breakout #3
Breakout #4
 Labor Relations: As a follow up to the morning general session (attempted forced unionization), Tim Bernasek
and Kirk Peterson, veterans of several union organizing campaigns, team up to explain how employers can avoid
labor unrest.
 Protected Leave Laws: Dave Johnson, a protected leave law specialist from L&I, reviews the topic of protected
leaves. What is your obligation as an employer? Mr. Johnson focuses on the Washington Family Leave Act and
the Washington Family Care Act. If you’re not quite sure of the difference between the two, you should consider
attending this one!
 DOL MSPA: The Department of Labor Wage and Hour Division is tasked with enforcing the Migrant and
Seasonal Farmworkers Protection Act. Each year the Department inspects a number of operations to determine
compliance with this and other laws. Does MSPA apply to your operation? What should you be doing to
comply? What are the most common infractions, and most important, how should you prepare? Bring your
questions!
 Employment Security Department Hot Topics- A panel of speakers from the Employment Security
Department updates you on U/I benefit rules and what is working – and not working – for seasonal employers.
Early Afternoon Breakout Sessions
Healthcare
Breakout #1




DOL: H-2A
Breakout #2
Immigration Laws are
Youth in Agriculture
Changing
Breakout #4
Breakout #3
Healthcare: You heard a brief overview of the new healthcare law in the morning general session, but you have
more questions. Chris Rivard, a CPA and national leader in healthcare at Moss Adams joins Michelle Van
Dellen, CPA to go in depth.
DOL Wage & Hour Division – H-2A: Last year growers experienced a tight labor market, and it looks like
2012 will be no different. The H-2A program is the federal guest worker program designed to help when labor is
tight, but if you use it, you better have good HR practices. Melina Mendoza from WAFLA provides a hot new
update and the Department of Labor inspectors review the regulation. It will be informative.
Immigration Laws are Changing – What is happening to your workers? Formerly undocumented workers are
adjusting status. Carol Edward, an attorney who represents hopeful immigrants, tells you how the rules are
changing. Find out how formerly “undocumented” workers are receiving work authorization.
Youth in Agriculture - The federal DOL has proposed regulations for youth working in agriculture.
Washington has its own rules for teen workers on farms. Mary Miller, the coordinator of the program, has
experience in DC and Olympia, and has worked with many employers. She outlines the federal proposal and
provides perspective on strategies for employing teens, including the process for requesting a variance.
Late Afternoon Breakout Sessions
Workers’ Comp – new
Farm Labor
The New ADAAA
No Match – The latest
law, new strategies
Contractors
Breakout #3
Breakout #4
Breakout #1
Breakout #2
 Workers’ Comp. – new law, new strategies: In 2011 the legislature passed major changes to the workers’
compensation law, and the program of most interest to employers is the Stay at Work program, where employers
receive a reimbursement if they can provide light duty work. L&I staff will provide a thorough briefing of the
program, while Corwyn Fischer of the Washington Farm Bureau will provide claims management tips that you
won’t want to miss.
 Farm Labor Contractors: Do you use the services of a recruiter or a person who helps you find workers? Is
this person registered as an FLC? L&I reviews the rules, and two farm labor contractors tell you how to avoid
liability from a bad farm labor contractor. Know the rules and get the most out of your relationship with your
FLC. A joint presentation by L&I and two great labor contractors!
 The New ADAAA – Congress updated the Americans with Disability Act in 2009 and directed the EEOC to
revise its regulations. The new rules were published in 2011 and EEOC has begun enforcement actions. What
changes are required by the employer? What is the “interactive process” that you need to undertake? Dan Fazio
reviews the new rule and provides you with tools to comply.
 No-Match – The latest: You may receive a No-Match letter from the SS administration, and you may also
receive one from a state agency. Is there any difference in how you should respond? What is the guidance from
the SS administration? What is the guidance from the department of justice? Andrew Stevenson, an attorney
with Lane Powell PC who specializes in helping employers comply, will fill you in.
Note:
This program has been submitted to the HR Certification Institute (HRCI) for Review. Attendees seeking PHR or SPHR credits,
please email [email protected]. You will be forwarded the “Program ID Number” and Certificate of Completion upon WAFLA
receipt of final approval from the HRCI and verification of your attendance.
Per HRCI guidelines we were able to submit all breakout sessions and general session II for credits.