Temporary farmworkers get more protections against retaliation, other abuses under new rule

SANTA ROSA, California — Temporary farm workers will receive more legal protections against employer retaliation, unsafe working conditions, illegal hiring practices and other abuses under a Department of Labor rule announced Friday.

Each year, about 300,000 immigrants, mostly from Mexico, take seasonal jobs on U.S. farms. The new rule, which takes effect June 28, will target abuses experienced by workers under the H-2A program that undermine fair labor standards for all agricultural workers.

Labor Minister Julie Su said the rule aims to revive existing worker protections.

“Our rule is intended to give H2-A workers more opportunities to stand up for themselves and make their voices heard when they encounter labor law violations,” Su said at a vineyard in Santa Rosa, California, north of San Francisco.

The Biden administration announced a proposal for the new rule in September, saying it would tighten safety requirements on farms and increase transparency about how such workers are recruited to combat human trafficking.

The Department of Labor is already required to ensure that the H-2A program does not undermine the wages or working conditions of Americans taking similar jobs. Employers are required to pay U.S. minimum wages or higher, depending on the region. They are also required to provide their temporary workers with housing and transportation.

Reports of overcrowded farm vehicles and fatalities have increased as the number of guest farm workers has risen, officials say. Transportation accidents are a leading cause of death for agricultural workers.

The new rule requires farmers who employ H-2A workers to provide vans and buses that are used to transport workers over long distances and are often driven by tired workers. Seat belts are mandatory for all passengers.

The new rule also protects temporary farm workers from employer retaliation if they meet with legal service providers or union representatives in employer-provided housing. It also protects them from reprisals if they refuse to attend meetings organized by their employer for a ‘captivated audience’.

And in a move aimed at combating human trafficking, employers would be required to identify anyone who recruits workers on their behalf in the U.S. or abroad and provide copies of any agreements they have with those recruiters.

The proposal drew nearly 13,000 public comments, including some from industry groups who said the new legal requirements were excessive. Ted Sester, owner of a wholesale nursery in Gresham, Oregon, said it was “rife with heavy-handed enforcement and regulatory overreach.”

The Northwest Horticultural Council said the rule “makes the already complex H-2A program much more difficult for growers to navigate, while increasing the risk that growers will lose access to the program without the ability to due process.” follow – a death blow for Pacific. Tree fruit growers from the Northwest are using the program.”

Labor advocates strongly welcomed the rule.

“Agricultural guest workers are among the most vulnerable workers in America, but this rule will empower H-2A workers to meet some of the toughest challenges they face,” said the Congressional Labor Caucus, made up of about 100 pro-union members. of Congress, said Friday.

Teresa Romero, president of United Farm Workers, said the rule will help prevent abuse by employers. She said a requirement for employers to make public contracts with their agents will make it easier to identify violators.