Red Lion Hotel Pasco Airport & Conference Center
Summit Materials
Thank you for joining us in Pasco for a day of H2 labor updates, breakout sessions, and networking!
Here, you will find the agenda, speaker bios, and supplementary resources to help you make the most of this informative event.
You will find recordings of the General Session, Track 1 Breakouts, the 2:15 p.m. Track 3 Breakout, and the slide decks.
General Session
Enrique’s Insights: Reflecting on the Past Year and Shaping the Future
ENRIQUE GASTELUM
Learn about our achievements from the past year and our vision for the future.
View the recording above tab marker 6:07 through 22.02.
Quick Take: Navigating New Labor Laws
ROXANA MACIAS, ADAM BELZBERG, SEAN WORLEY
Follow along with the provided booklet as legal experts discuss new and updated state laws, litigation, and federal regulations.
MATERIALS: Washington Rapid Insights: Labor and Employment Updates
View the recording above tab marker 30:14 through 55:25.
H2 Organizer
Discover this latest innovative platform, now exclusively available to WAFLA visa members. It is designed to streamline and humanize the relationship with temporary workers.
LINK: H2Organizer
View the recording above tab marker 55:25 through 1:09:06.
The 411 - Farmworker Unionization
This topic covers the exclusion of farm workers from federal labor laws, like the NLRA, and how some states, such as California, have adopted card check laws to support unionization. Learn about recent state efforts, what could be next for the PNW, the card check process, and the legal landscape.
MATERIALS: Slide Deck
View the recording above tab marker 1:09.20 through 1:32.
Fostering a Positive Workplace Culture Panel
ENRIQUE GASTELUM, LUIS GUITRON, SHERRI BURRIS, JEANE DELANEY, CLAIRE LICHTENFELS, FR. JESUS MARISCAL
Fostering a workplace where employees feel empowered to voice concerns is vital to avoiding workplace disruptions, violence, and legal disputes. In this panel, growers share their experiences in building environments that encourage open communication and where employees feel valued and confident in addressing their concerns.
MATERIALS: How WAFLA Can Help | Field to Future | Semillero de Ideas
View the recording above tab marker 1:55 through 49:50.
Trivia Challenge: Real Questions, Real Knowledge—Are You Ready?
ENRIQUE GASTELUM (Host), SARAH WIXSON, ROXANA MACIAS, RYAN OGBURN
Get ready to test your knowledge of the latest H2/HR regulations with common questions. Are you prepared?
Members can submit unlimited questions through HRAnswers and H2Answers through the Member Hub.
View the recording above tab marker 50:05 through 1:26:20.
WAFLA Advocating for You Legal Update? Update: We won! Learn more.
ENRIQUE GASTELUM
View the recording above tab marker 2:20 through 5:09.
Learn about opportunities for a Jamaican workforce.
View the recording above tab marker 10:12 through 24:49.
Breakouts
1:15P (Four choices)
TRACK 1
ESD Agricultural and Seasonal Workforce Services: Insights and Updates for Employers
BERTHA CLAYTON, PETRA MERAZ, CARLOS SANDOVAL-LARIOS
The ESD Agricultural and Seasonal Workforce Services (ASWS) office will share key insights from the 2024 season, highlighting common challenges they encountered and how they collaborated with employers to resolve them. The session will also cover ASWS’s new responsibilities under the recent Farmworker Protection Rule and provide an overview of priority areas employers should be aware of for 2025.
MATERIALS: Slide Deck | Recording Marker 33:04
TRACK 2
(Almost) Everyone Loves Leon: Review of Latest H-2A Lawsuits and Rules
LEON SEQUEIRA
The Department of Labor’s new H-2A regulations, including the 2024 rule "Improving Protections for Workers in Temporary Agricultural Employment," have sparked legal challenges nationwide. This session will review employer responsibilities, the status of litigation, and other significant H-2A cases. Stay informed with this critical update on H-2A regulations and legal developments.
TRACK 3
Safeguarding Workers: Preventing and Addressing Unsavory Situations
TROOPER DANIEL MOSQUEDA
Discover essential outreach resources to tackle issues that could jeopardize your workforce's welfare and visa status, such as exploitation, coercion, online dating scams, prostitution, drug dealers, car fraud (odometer tampering), and what to expect when being stopped by law enforcement. Empower your foreign workforce with the knowledge to be prepared to navigate these challenges and not become a victim of unsavory scams.
LINK: El Protector Program
TRACK 4
Temporary Farmworker Housing Compliance Trends and Rule Updates
LUIS GUITRON, GERALD CAIRD, RENSON MIRANDA
Temporary farmworker housing is essential to utilizing the H-2A program. Attend this breakout to get your questions answered by an environmental health specialist from the Department of Health. Learn how WAFLA housing experts can assist you with available tools and resources. Also, the Department of Labor recently issued new H-2A regulations that mandate guests be allowed in farmworker housing. This session will provide the latest news on these rules and how to prepare for implementing them by WAFLA field staff.
MATERIALS: Housing Help | WAFLA Slide Deck | DOH Slide Deck
2:15P (Four choices)
TRACK 1
Farm Labor Contractor Compliance and Joint Employer Scenarios with L&I
YOCELIN MARTINEZ, SAMANTHA MENDOZA, DOUG HARTFIELD
This breakout covers FLC licensing and the most common compliance issues faced by farm labor contractors, including the complexities of joint employment and agricultural overtime regulations. Employers often question how L&I determines joint employment status, especially for overtime obligations. We’ll explore the key factors L&I considers when deciding if two or more farmers are joint employers of a single worker and who is responsible for paying overtime. We'll also discuss which employer is responsible for PPE during joint employment.
MATERIALS: 3 L&I Handouts | Slide Deck | Recording Marker 3:20
TRACK 2
Conducting Fair Investigations: Best Practices and Principles
SARAH WIXSON
Investigations don’t have to be overwhelming—they can be as straightforward as documenting a few phone calls. Learn best practices tailored to various scenarios and gain practical strategies for conducting fair, objective internal investigations. Discover how to ensure integrity and fairness throughout the process to maintain the credibility of your investigations while integrating investigations into a progressive discipline framework.
MATERIALS: Employee Handbook | Supervisor Leadership Guide | Third-Party Investigations | Slide Deck
TRACK 3
H2 Worker Tax Obligations: Key Insights and Considerations
BOB WUNDERLE (remotely), ROXANA MACIAS
Employers are responsible for ensuring proper tax deductions for H2 workers. This course provides resources to help employers inform workers about their tax obligations and connect them with trusted, low-cost tax clinics. Learn about employer responsibilities for federal tax withholdings for H2 workers and how to ensure compliance with tax regulations.
MATERIALS: Publication 5144 | Slide Deck | Recording Marker 10:50.
TRACK 4
(Almost) Everyone Loves Leon: Review of Latest H-2A Lawsuits and Rules
LEON SEQUEIRA
The Department of Labor’s new H-2A regulations, including the 2024 rule "Improving Protections for Workers in Temporary Agricultural Employment," have sparked legal challenges nationwide. This session will review employer responsibilities, the status of litigation, and other significant H-2A cases. Stay informed with this critical update on H-2A regulations and legal developments.
3:15P (Four choices)
TRACK 1
Getting Ready for a DOL Investigation: Essential Preparation Tips
RYAN OGBURN, DIANA FERNANDEZ, LEON SEQUEIRA
This session will examine the key factors that may trigger a Department of Labor audit, how to ensure compliance if you're audited, and the most common violations discovered. We'll discuss the essential controls your operation needs to ensure your records and labor practices meet regulatory standards.
MATERIALS: Compliance Checklist | SWA Field Checklist | Field Check and Field Visit Procedures | Slide Deck | Recording Marker 4:35.
TRACK 2
Repeat
Safeguarding Workers: Preventing and Addressing Unsavory Situations
TROOPER DANIEL MOSQUEDA
Discover essential outreach resources to tackle issues that could jeopardize your workforce's welfare and visa status, such as exploitation, coercion, online dating scams, prostitution, drug dealers, car fraud (odometer tampering), and traffic stop requirements of minimum English communication skills needed when interacting with law enforcement. Empower your foreign workforce with the knowledge to be prepared to navigate these challenges and not become a victim of unsavory scammers.
LINK: El Protector Program
TRACK 3
Accurate Farmworker Pay: Navigating PNW Payroll Complexities
SEAN WORLEY
Ensuring farm workers are paid correctly is essential for agricultural businesses, especially in the Pacific Northwest, where payroll regulations are notoriously complex. Many farmers rely on third-party payroll services, but common errors in data entry and pay calculations can lead to legal risks. This breakout will cover essential payroll requirements and common mistakes in field tallies, timekeeping, pay calculations, and pay stubs to help you stay compliant.
MATERIALS: Washington AG OT Pay Calculations | Slide Deck
TRACK 4
H2 Program Essentials: Core Fundamentals Explained
JACOB BOSTON, LULU LOPEZ
This breakout guides you through the essentials of utilizing the H2 program, from securing H2-compliant housing and drafting your contract to navigating the application process across six government agencies. You’ll also learn about recruitment, travel arrangements, onboarding, and mid-season and post-season considerations. We’ll cover everything you need to know to manage the H2 program, step by step, successfully.
MATERIALS: H2 Compliance Checklist | Slide Deck
Post-Summit Survey
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HR Certification
The Worker and Farmer Labor Association (WAFLA) is recognized by SHRM to offer Professional Development Credits 8 (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.
Institute’s® (www.HRCI.org) official seal confirms that meets the criteria for pre-approved (8) recertification credit(s) for any of HRCI’s eight credentials, including SPHR® and PHR®.
Go to registration to obtain a Certificate of Completion.
Sponsors
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Speaker Biographies
(Alphabetized by last name)
Adam Belzberg is a partner with the Seattle office of Stoel Rives LLP. He represents and advises employers across the United States, from small businesses to international corporations. Adam has particular experience representing agricultural employers throughout Washington and Oregon in all aspects of labor and employment law.
Jacob Boston serves as a visa account manager at WAFLA. He was born in Oceanside, California, and grew up in Lacey, Washington. As a first-generation high school and college graduate, he understands what an opportunity can provide. This has led him to pursue a career where he can give back to his community in the best way possible.
Sherri Burris is the HR/Office Manager for Columbia Farm Services, LLC. She oversees multiple office locations and works closely with the Owners and Area Managers. Other areas she is involved with but not limited to are The h-2A Guest Worker Program, Food Safety, Organic Certifications, and HR issues. Sherri has been involved in the fruit industry for 50+ years. Her involvement in the fruit industry stems from her youth when her father managed an orchard, and part of her “chores” involved helping out in the orchard. After college, she was hired by a fruit packaging warehouse. She started in their Orchard Management Dept. and continued to grow within the company, gaining experience and knowledge in all company areas (farm management, grower accounting, fruit packaging, fruit sales, etc.) before joining Columbia Farm Services.
Gerald "Jerry" Caird is a registered environmental health specialist who has worked in public health for over 30 years. He currently supervises the lodging program at the Washington Department of Health and has worked with multiple local health departments in Washington and the State of Nevada. He has been involved in various environmental health programs, including food inspections, septic systems, schools, hotels, and public pools.
Bertha Clayton has been the Director of the Office of Agricultural and Seasonal Workforce Services (ASWS) at Washington State Employment Security Department since January 2022. A licensed attorney, Bertha is a member of the Washington and Idaho State Bar Associations. Before her current role, she was in immigration practice for five years at a small Walla Walla, WA firm. In 2021, the Walla Walla Union Bulletin named Bertha one of its inaugural “Top 39 under 39.”
Jeane DeLaney recently retired from a 30-year academic career focused on Latin America. She grew up on a family farm, and her experiences in Mexico and Central America made her keenly aware of the region’s poverty and the importance of migration to the U.S. as one of the few paths people have to a better life. DeLaney has volunteered to help on several wafla projects related to equitable employment.
Diana Fernandez was raised in Cashmere, WA. As an Arizona State University graduate, she studied the H-2A program. Her passion for agriculture and rural communities led her to work at WAFLA. You might find her tending her dahlia garden, hunting, fishing, and so on when she is not in the office. Her outdoor meals will consist of a carne asada in the middle of a forest or taking on culinary challenges while exploring nature.
Enrique Gastelum is the chief executive officer at WAFLA and a champion of promoting the sustainability of labor-intensive agriculture across the Pacific Northwest. His background in a farmworker family, his time as a government labor law regulator and educator, and his work as the CFO of Washington Farm Bureau have given him a unique perspective that balances seasonal employers' labor needs with workers' rights and dignities. He holds a Bachelor of Science in zoology and an MBA in public administration.
Luis Guitron is WAFLA's field services director and the housing manager for Riverview Meadows, WAFLA's 160-bed housing project near Okanogan, Wash. His experience in agriculture began in 2012 when he learned to prune, drive tractors, and spray pesticides for Stemilt Ag Services. He spent two years in the carpenters' union and has experience managing H-2A crews for WAFLA.
Doug Hartfield is the Agricultural Safety Technical Specialist for Labor & Industries. If you have any questions or concerns about the requirements in WAC 296-307's agriculture rules, please feel free to reach out!
Rob Hock Rob has worked at the intersection of technology and immigration logistics for over 20 years. With Labormex, he has helped define and streamline the recruitment and logistics processes that move
tens of thousands of workers from Mexico every year. Now, with H2 Organizer, he is focused on making these same processes available to the broader H2 industry. From Austin, Texas, he now resides in Miami.
Claire Lichtenfels, along with her husband and son, own and manage an 80-acre certified organic orchard in the Okanogan Highlands. Over the past 40 years, working as a farmer, social worker, and crew coach in the U.S. and abroad, she has committed herself to fostering strong rural communities by building bridges between diverse community members.
Lulu Lopez was born in Oaxaca, Mexico, and moved to the U.S. in 1989. Growing up in the Wenatchee Valley, she witnessed firsthand the challenges farmworkers and farmers must overcome. This led her to pursue a career where she could help farm workers and farmers. Lulu's dedication to assisting others is reflected in her work as a Senior Account Executive with WAFLA. In her spare time, Lulu enjoys spending time with her children.
Roxana Macias is the chief people and community officer at WAFLA. Macias is a first-generation daughter of Mexican farmworkers and a University of Washington graduate. She has worked on all angles of the guest worker programs, including wage determinations, filing H-2A and H-2B contracts, human resources, foreign recruitment, and program compliance. Her role at WAFLA involves developing and implementing programs to help growers and workers navigate the complexities of state and federal laws and regulations and work in cohesion toward a shared goal.
Fr. Jesus Mariscal is the Parochial Vicar at St. Paul Cathedral in Yakima. He is also the Director of Seminarians, Migrant Ministry Supervisor, and Judge at the Diocesan Tribunal. He was Ordained on July 03, 2018, at Christ the King Church in Richland. His first assignment was at St. Joseph’s parish in Kennewick for three months as one of the Parochial Vicars. He was then assigned to further studies in Canon Law at Gregorian University in Rome. While finishing his degree, he had the unique opportunity to serve as a Sacristan at St Peter’s Basilica for the summer of 2019.
Sherri Marks works for the Oregon OSHA Consultative Services Section, where she provides consultations to help employers comply with state and federal occupational safety and health laws.
Yocelin Martinez pursued a degree in Criminal Justice. Yocelin has legal experience as a paralegal for an immigration attorney, payroll, wage laws, hearings, and outreach specialist, among many other areas. Yocelin has worked for Washington State Labor and Industries for over 8 years and has been the Farm Labor Unit supervisor since January.
Samantha Mendoza pursued a degree in Communication Science in Mexico. Samantha has experience in Human Resources, Payroll, Trainer/Coach, Outreach Specialist, and as an account executive for H2 employers. In 2024, she joined the LNI as an Industry Relations Agent 3.
Petra Meraz Petra Meraz is the Foreign Labor Program Supervisor for the Washington State Employment Security Department. She has worked for ESD for 7 years, 5 of which were in the FLC program. Before that, she worked for 5 years for LNI.
Renson Miranda is a field services manager for WAFLA. He specializes in H-2A worker onboarding, supervisor and manager training, housing inspections, and conflict resolution in the orchards. Miranda is a Prosser High School graduate with various skills in the agriculture sector. He was born in Guanajuato, Mexico, and came to the United States at three years old with his pregnant mother.
Trooper Daniel Mosqueda is a 16-year veteran of the Washington State Patrol. He was certified as a Drug Recognition Expert in 2018. In 2018, he was assigned to the WSP Aggressive Driving Apprehension Team until his selection as coordinator for the El Protector program in January 2019. Trooper Mosqueda is dedicated to using his Law Enforcement experience and cultural background to educate the community about traffic safety dangers.
Ryan Ogburn is the WAFLA visa services director. He graduated from Pacific Lutheran University in 2016 with a Bachelor of Arts and cum laude honors. While at PLU, Ryan spent over six months studying in Cuba and Spain and speaks fluent Spanish.
Colette Roberts Risden was appointed Permanent Secretary for the Ministry of Labour and Social Security on January 1, 2015. As of September 2024, she was given a special assignment to provide strategic oversight for the Jamaica Overseas Employment Programme in the United States and Canada. She was recognized for her contribution to social development and conferred with National Honor, Order of Distinction, in the Commander (CD) rank for outstanding public service contributions. She graduated from the University of the West Indies, obtaining a BA (Honours) in Geography and Economics and an MSc in Development Studies from the Consortium Graduate School.
Leon R. Sequeira is an attorney with more than two decades of experience advising employers and industry associations on employment and immigration matters involving foreign workers. He represents clients across the United States, from small family farms to some of the nation’s largest employers of H-2A and H-2B guest workers. In addition to defending employers in government investigations and litigation, he also represents employers on public policy, regulatory, and legislative issues in Washington, D.C.
Sean Worley is a Shareholder litigator at the Stokes Lawrence Yakima office and represents private and municipal employers in labor and employment matters. Sean represents employers before state and federal agencies on cases involving wrongful discharge, discrimination, harassment, hostile work environment, retaliation, wage and hour issues (including class action defense), whistleblower conduct, breach of contract, non-competition, FMLA, ADA/WLAD, as well as matters involving unions and collective bargaining. He is a former Deputy Prosecuting Attorney with the Yakima County Prosecuting Attorney's Office, where he worked in the Corporate Counsel Division, District Court Unit, and Special Assault Unit.
Carlos Sandoval-Larios is the Interim Compliance Unit Supervisor at WA ESD's ASWS office. He earned dual B.A. degrees in Justice Studies and Spanish from Eastern Washington University and began his professional career in state service in 2016. Carlos’ family comes from agricultural work backgrounds, including the Bracero Program in CA and TX. Collaborative work is essential for Carlos because it supports and strengthens efforts toward achieving common goals.
Sarah Wixson is a Shareholder at Stokes Lawrence in Yakima and brings over two decades of litigation experience working with closely held private companies in the agricultural industry on complex employment litigation matters. Clients rely on her pragmatic legal counsel and extensive knowledge of the issues impacting the agricultural industry to help minimize the risk of litigation. From assisting in resolving labor strikes to defending against Equal Employment Opportunity Commission claims, Sarah is committed to creating collaborative solutions that achieve her client’s desired outcome. Her practice encompasses a range of litigation matters – wage and hour claims, discrimination, harassment and retaliation, policy and practice audits, training, and investigations, to name a few.
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Bob Wonderle serves as the director of La Pasada Tax Clinic in Twin Falls, Idaho. Established in 2004 as part of the faith-based charity La Posada Ministries, the clinic assists immigrants and temporary foreign workers in adapting to life in the United States. Bob’s career journey began with 24 years of service in the U.S. Air Force, followed by a transition into accounting. While volunteering with the Volunteer Income Tax Assistance (VITA) program, he met a Catholic nun devoted to supporting immigrants and migrant workers in South Central Idaho. Inspired by her mission, Bob offered to assemble a team to assist her clients with tax returns, a collaboration that ultimately led to the creation of the La Pasada Tax Clinic. His leadership continues to make a significant impact on the community it serves.
Yocelin Martinez