HB 3142
Exempts employers of noncitizens in agricultural labor who are not eligible for unemployment insurance benefits from liability for contributions related to that labor.
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Sign in to take actionPublic sentiment
Support
58%
Oppose
42%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill exempts employers of noncitizens working in agriculture under the H-2A visa program from having to pay unemployment insurance taxes on wages paid to those workers. It specifically addresses the employment status of these workers, clarifying that they are not considered ‘employment’ under Oregon’s unemployment insurance laws when performing agricultural labor. The bill takes effect 91 days after the legislative session concludes. It also modifies existing unemployment insurance regulations to align with federal requirements and addresses crew leader arrangements within agricultural labor.
Key provisions
- Exempts employers of H-2A agricultural workers from paying unemployment taxes.
- Defines ‘agricultural labor’ to include specific farming and harvesting activities.
- Clarifies the employment status of workers provided by crew leaders in agricultural settings.
- Modifies Oregon unemployment insurance regulations to align with federal requirements.
- Addresses crew leader arrangements and their impact on worker classification.
- Specifies that forestry-type seedling service is considered agricultural labor when performed in a nursery.
- Establishes a contingency for unemployment insurance regulations if federal standards are not met.
- Sets the effective date for the bill's provisions.
Who is affected
- Agricultural employers in Oregon
- Noncitizen agricultural workers on H-2A visas
- The Oregon Employment Department
- The federal government (specifically the Department of Labor)
Sponsors
Official sponsors from legislative records.
Primary sponsors
Vikki Breese-Iverson
Cosponsors
Arguments in favor
Reasons to support this legislation.
Supporters of HB 3142 argue that exempting non-citizen workers with H-2A work visas from paying state unemployment tax would provide certainty for employers in Oregon's agriculture industry, alleviating labor shortages and promoting fair competition. By removing outdated requirements for tax payments on wages of H-2B visa workers, the bill would also offer fair tax relief to employers without compromising benefits for ineligible workers. that this exemption aligns with other jurisdictions' practices and would help maintain high-quality production standards while reducing financial burdens on agricultural businesses. Ultimately, exempting H-2A workers from paying state unemployment tax is seen as a necessary step to alleviate regulatory burdens and support Oregon's already disadvantaged agricultural industry.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
concerns that HB 3142 would undermine the fairness and stability of Oregon's unemployment insurance system by creating unfair advantages in the labor market. They argue that the H-2A visa program is flawed, prioritizing hiring foreign workers over local ones, which would disadvantage local workers seeking agricultural jobs and erode worker protections. Opponents also contend that exempting H-2A employers from UI taxes would incentivize employers to continue relying on temporary foreign workers who lack the power to speak up for fear of losing their job, housing, and visa, thereby perpetuating an unfair labor market advantage.