Dive Brief:
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The U.S. Department of Labor introduced a rule that would strengthen protections for migrant farm workers and enhance enforcement against businesses that undermine wages and other employment standards.
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The proposed rule, published Tuesday, would make it easier for labor unions to engage H-2A workers, in addition to shielding workers against employer retaliation. Among other things, it also aims to make wages more predictable and enhance the department’s enforcement efforts against farms that violate H-2A program rules.
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The proposal builds upon a final rule the department published in October that updates key aspects of the H-2A program, which allows foreign agricultural workers into the country for seasonal labor. The Biden administration has made it a priority to improve the program as it expands and farmers struggle with labor challenges.
Dive Insight:
Migrant farm workers are among the country’s most vulnerable to workplace abuses, such as wage theft and human trafficking, according to the Labor Department.
After conducting 420 investigations into employers using the H-2A program last year, the Labor Department said it assessed more than $3.6 million in back wages and more than $6.3 million in civil money penalties. The agency also recently participated in an investigation that freed more than 100 trafficked farm workers and resulted in conspiracy charges against 24 defendants in southern Georgia.
Violations are occurring as demand for foreign workers explodes. More than 370,000 temporary H-2A jobs were certified last year, according to the Labor Department. That is more than seven times the number certified in 2005 and twice as many in 2016.
“Farm workers are vital to our farmers, our food supply and our communities,” Acting Secretary of Labor Julie Su said in a statement. “This proposed rule would strengthen protections for H-2A farm workers who are particularly vulnerable to labor abuses, empower them to advocate for fair treatment and ensure that their employment does not depress labor standards and undercut domestic farm workers.”
The proposed rule would add provisions that improve workers’ ability to advocate for better working conditions, clarify when a termination is “for cause” and require employers to provide copies of any recruiter dealings. It would also ensure workers are paid the most up-to-date wages as soon as possible, improve workers’ access to safe transportation, and prohibit employers from holding or confiscating a worker’s passport, visa or other identification documents.
The United Farm Workers union welcomed the Biden administration’s efforts to enhance farm worker protections, saying it has long called for systemic reforms to the H-2A program.
“Time and time again, guestworkers in agriculture are put at risk by employers that abuse the system for their own financial gain,” UFW Foundation CEO Diana Tellefson Torres said in a statement. “We will be analyzing the proposed language and encouraging farm workers to lift up their voices during the comment period.”
The proposal is open for public comment over the next 60 days. The Labor Department said it will consider all remarks before publishing a final rule.
