Temporary farmworkers will have more legal protections against employer retaliation, unsafe working conditions, illegal recruitment practices, and other abuses under a Labor Department rule announced on Friday. This new rule, which takes effect on June 28, aims to address the abuses experienced by workers under the H-2A program and is designed to improve fair labor standards for all farmworkers. Labor Secretary Julie Su emphasized that the rule will give H-2A workers more ability to advocate for themselves and speak up when they experience labor law violations. California, with its vast agricultural industry, grows a significant portion of the country’s produce and attracts a large number of farmworkers.
The Biden administration announced a proposal for the new rule in September, focusing on boosting safety requirements on farms and increasing transparency around the recruitment of temporary farmworkers to combat human trafficking. The Labor Department is required to ensure that the H-2A program does not undermine the wages or working conditions of American workers in similar roles. Employers are obligated to pay minimum U.S. wages or higher, provide housing and transportation for temporary workers, and make sure that vehicles used to transport workers have proper safety measures in place to prevent accidents.
The new rule also protects temporary agricultural workers from employer retaliation if they engage with legal service providers or union representatives at employer-provided housing. It also safeguards workers from repercussions if they decline to attend employer-organized meetings. Employers must identify recruiters working on their behalf in the U.S. or in foreign countries and provide details of agreements with these recruiters to prevent human trafficking. Teresa Romero, president of United Farm Workers, highlighted that violating the rule will lead to disqualification from the program, providing a deterrent against abuse by employers.
Industry groups raised concerns about the new regulatory requirements, with some criticizing it for being excessive. However, labor advocates applauded the rule, stating that it empowers H-2A workers to confront the challenges they face. The Congressional Labor Caucus, consisting of about 100 pro-union members of Congress, commended the rule for providing protections to some of the most vulnerable workers in America. The new rule aims to improve the working conditions and rights of temporary farmworkers and prevent abuse and exploitation within the agricultural industry.
