New Labor Department Rule Strengthens Protections For Farmworkers

Acting United States Secretary of Labor Julie Su, right, speaks at a news conference at Balletto Vineyards in Santa Rosa, Calif., Friday, April 26, 2024. Temporary farmworkers workers are getting more

A new Labor Department rule announced on Friday will provide temporary farmworkers with increased legal protections against various forms of abuse, including employer retaliation, unsafe working conditions, and illegal recruitment practices. The rule, set to take effect on June 28, is designed to address the challenges faced by approximately 300,000 immigrants, primarily from Mexico, who annually take on seasonal jobs in U.S. farms.

The initiative specifically targets abuses experienced by workers under the H-2A program, aiming to uphold fair labor standards for all farmworkers. Labor Secretary Julie Su emphasized that the rule seeks to empower H-2A workers to advocate for themselves and report labor law violations.

Under the new rule, safety requirements on farms will be enhanced, and transparency in worker recruitment processes will be increased to combat human trafficking. Employers participating in the H-2A program are already mandated to ensure that wages and working conditions are not inferior to those offered to American workers in similar roles.

Targets challenges faced by approximately 300,000 seasonal immigrant farmworkers.

Rule addresses abuse, unsafe conditions, and illegal recruitment practices.

Enhances safety requirements and transparency in worker recruitment processes.

Mandates seatbelts and safe travel conditions for farmworker transportation.

Protects workers from employer retaliation for seeking legal assistance or engaging with unions.

Requires disclosure of recruiter agreements and identification of recruitment individuals.

Received criticism from industry groups but praised by labor advocates.

Supported by Congressional Labor Caucus and United Farm Workers.

Aims to prevent employer abuse and empower vulnerable agricultural workers.

Set to take effect on June 28 to uphold fair labor standards for all farmworkers.

Reports of overcrowded farm vehicles and fatalities have been on the rise as the number of guest farmworkers has increased. Transportation accidents, in particular, have emerged as a leading cause of death for farmworkers. To address these concerns, the new rule mandates that farmers providing transportation for H-2A workers must equip vehicles with seatbelts and ensure safe travel conditions.

Furthermore, the rule safeguards temporary agricultural workers from employer retaliation when seeking legal assistance or engaging with union representatives. It also prohibits retaliation against workers who decline to attend employer-organized meetings. Employers will be required to disclose agreements with recruiters and identify individuals involved in worker recruitment both domestically and internationally.

While the proposal received criticism from some industry groups for being overly stringent, labor advocates have lauded the rule for its potential to empower vulnerable agricultural workers. The Congressional Labor Caucus and United Farm Workers expressed support for the rule, highlighting its role in preventing employer abuse and enhancing worker protections.