FRANKFORT, Ky. — In May, as tobacco farmers were beginning to set their crop for the season, allegations arose from a group of migrant workers that five tobacco farmers in Kentucky had violated H-2A guest worker regulations. Specifically, the workers said they were paid insufficient wages and forced to live in deplorable conditions despite being hired through the federal migrant agriculture labor hiring program, which has regulations concerning both pay and housing.

The suit was filed by Southern Migrant Legal Services. One of the organization’s attorneys representing the workers, Caitlin Berberich, said the lawsuits are "pretty typical" for the kinds of problems seen in the agriculture industry and in Kentucky tobacco.

"In particular, we get these kinds of complaints pretty regularly from workers in the tobacco industry," she said. "They’re just issues we see a lot and we’re trying to address on behalf of the workers."

Those in the tobacco industry have said poor treatment of workers is not acceptable, and many producers have a much different story from the ones offered by the plaintiffs. Brian Young, a tobacco farmer from Trimble County, said his experience was quite different.

"Last season was our first with H-2A labor. I am certain that without them our crop would’ve perished in the field," he said. "We sought professional help from Agriculture Workforce Management Agency (AWMA) in Lexington to ensure all forms and fees were completed in a timely manner."

Young said the workers, none of which had ever cut tobacco, arrived on time and started working a few days later. "My father and I demonstrated and instructed carefully and patiently, and within half a day the men had the basics down and by season’s end each was a proficient cutter," he said. As far as their living conditions, Young said the workers lived in the "farmhouse" where his father spent time as a boy with his grandparents.

"The house is sound structurally and only needed minor improvements to pass inspection," he said. "We built a bed for each man similar to a college dorm. We took the men to a Hispanic church on Sunday and then to a few stores for the weekly groceries and so they could send money home to their families."

Young noted the AWMA provided a template for a timesheet on a spreadsheet they used to ensure accurate payroll. "If a discrepancy was pointed out, we made it right. The men are looking forward to working for us again this year," he said. "Our housing was inspected again this season and found to be more than adequate. We plan to follow the same weekly routine as last season, then everyone knows what to expect."

Rod Kuegel, president of the Council for Burley Tobacco’s board of directors, said the core of his guest workers have been with him for 23 years and he would in no way do something to hurt them – and he feels other producers think the same.

"I’ve been to their houses, met their families and they are as much like brothers as I have anywhere in the United States," said Kuegel. "I’m not going to do anything to take advantage of them. The operation of my farm is contingent on them being here."

He pointed out while the H-2A program works relatively well, it is a "nightmare" when it comes to recordkeeping and is full of regulations – such as beds being 12 inches off the ground and 36 inches apart. He noted if those measurements are off an inch, it constitutes a violation.

"If there’s a light bulb burned out in the house, then the fine is $80, times the number of workers you have," he said. Some of the rules seem outdated, but Kuegel said until there is immigration reform, farmers will have to live with the rules as they are.

Congress has struggled with passing an immigration bill. Both houses have introduced legislation containing agriculture changes but a compromise has never been reached and Kuegel thinks it could take another 2-3 years to happen. He also said most farmers are good people and if someone is taking advantage of these workers, it should be pointed out. "When I’ve got a guy on my farm that’s helping me make a living, I’m going to take care of him," said Kuegel.