Honoring and Protecting Farmworkers, Always Essential

"Our Wage and Hour Division has prioritized agricultural stakeholders throughout its ongoing Essential Workers – Essential Protections outreach initiative. These efforts will continue beyond this week with outreach events in English and Spanish for farmworkers, advocates and employers. We’ll be educating agricultural stakeholders on essential worker protections we enforce, such as:

• Required wages under the Fair Labor Standards Act, Migrant and Seasonal Agricultural Worker Protection Act and the H-2A visa program.

• Field sanitation provisions of the Occupational Safety and Health Act, including clean drinking water, hand-washing facilities and toilets.

• Housing and transportation safety standards under the Migrant and Seasonal Agricultural Worker Protection Act and the H-2A visa program.

• Protections for some of the most vulnerable workers, including minors and labor trafficking victims.

Farmworkers deserve to live in safe and sanitary housing. And the vehicles used to transport these workers must be maintained in safe operating conditions. When farmworkers’ safety is at risk, the Wage and Hour Division will not hesitate to act, as evidenced by our recent investigation in Missouri and another in Idaho.

We are equally dedicated to protecting farmworkers who are victims of human trafficking. As a partner in the National Action Plan to Combat Human Trafficking, the department works aggressively with other federal law enforcement agencies to bring labor traffickers to justice, as we did recently in Georgia.

Over the past three years, the Wage and Hour Division has recovered over $21.5 million in wages owed to agricultural workers and assessed over $20 million in civil money penalties against employers, including those who intentionally or repeatedly failed to comply with the law, pay workers their hard-earned wages and ensure their housing and transportation safety. We use every available tool, including litigation, to protect workers from harassment, abuse and retaliation for asserting their rights. Agricultural workers are at higher risk for exploitation for several reasons, such as the migratory and seasonal nature of the work, their reliance on employer-provided housing, the physical demands of the job and typically low wages..."
Farm workers 

USCIS Finalizes Streamlining Procedures for H-2A Program
"U.S. Citizenship and Immigration Services (USCIS) announced today changes to the H-2A regulations that will streamline the hiring process of temporary and seasonal agricultural workers. This final rule will facilitate the H-2A process for employers by removing certain limitations and will further encourage lawful employment. These changes stem from the commitment made by President Bush’s Administration in August 2007, after Congress failed to pass comprehensive immigration reform. This final rule supplements the extensive reforms of the H-2A program that are included in the Department of Labor’s final rule, also being published today.

U.S. employers may file an H-2A petition with USCIS if they have a shortage of available U.S. workers to fill temporary or seasonal agricultural jobs. Once the petition is approved, the employers can hire foreign workers to fill those jobs for a limited period of time. The final rule includes mechanisms to enhance the integrity of the program, increase protection of U.S. workers, and protect H-2A workers from unscrupulous employers and recruiters."

Profile of Hired Farmworkers, A 2008 Update
"Hired farmworkers make up a third of the total agricultural labor force and are critical to U.S. agricultural production, particularly in labor-intensive sectors such as fruits and vegetables. The hired farmworker labor market is unique because it includes a large population of relatively disadvantaged and often unauthorized workers, a portion of whom migrate to, and within, the United States. Recent economic and demographic trends, such as changing agricultural production methods that permit year-round employment, expanding immigrant populations in nonmetropolitan counties, and growing concerns over U.S. immigration policies, have elicited increased interest in hired farmworkers. This 2008 profile serves as an update to the 2000 Economic Research Service analysis of the 1998 Current Population Survey using current data with expanded sections on legal status, poverty, housing, and use of social services."