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

SANTA ROSA, Calif. (AP) — 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 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 farmworkers.

“H-2A workers too frequently face abusive working conditions that undercut all farmworkers in the U.S.,” said Acting Labor Secretary Julie Su. “This rule ensures farmworkers employed through the H-2A program are treated fairly, have a voice in their workplace and are able to perform their work safely.”

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

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

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

The new rule will require farmers who employ H-2A workers to provide vans and buses used to transport workers long distances and often driven by tired workers. Seatbelts will be required for all passengers.

The new rule also protects temporary agricultural workers from employer retaliation if they meet with legal service providers or union representatives at the housing provided by the employer. It also protects them from retaliation when they decline to attend “captive audience” meetings organized by their employer.

And in a step intended to counter human trafficking, employers would be required to identify anyone recruiting workers on their behalf in the U.S. or foreign countries and to provide copies of any agreements they have with those recruiters.

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

The Northwest Horticultural Council said the rule “makes the already complex H-2A program far more difficult for growers to navigate, while increasing the risk that growers may lose access to the program without the ability to exercise proper due process – a death knell for Pacific Northwest tree fruit growers utilizing the program.” The group expects the changes will hit small growers especially hard.

The Congressional Labor Caucus, made up of about 100 pro-union members of Congress, said Friday that it strongly applauded the rule.

“Agricultural guest workers are some of the most vulnerable workers in America, but this rule will empower H-2A workers to stand up to some of the biggest challenges they face,” the group said.