Affaire
USA: Department of Labor finalises new 'Farmworker Protection Rule', aiming to protect migrant farmworkers from labour rights exploitation
There is a whole host of changes we’d like to see through a legislative package, like shifting the employer control of the program to workers, but given the limitations of the current process, we are happy to see the new rule taking steps toward shifting the balance of power in the program...It’s clear employers are already very upset by the provision that allows workers to invite service providers into their housing.Micah-Jones, CDM founder and Executive Director
In April 2024, the US Department of Labor finalised a new 'Farmworker Protection Rule', aiming to protect migrant H-2A workers from labour rights abuse.
For far too long, farmworkers have been excluded from many core labor protections, and working people in temporary worker programs are particularly vulnerable to exploitation and abuse. This final rule makes important progress in enhancing recruitment protections, empowering workers with information, lifting wages, limiting retaliation, improving safety protections, enabling concerted activity and ensuring employer accountability.Liz Shuler, President of AFL-CIO
The rule includes several measures:
- It expands the range of activities protected by anti-retaliation provisions, including protecting workers’ choice to engage in organising activities, protecting workers’ decisions to decline attending employer-sponsored ‘captive audience’ meetings, where employers discourage worker unionisation; allowing workers to consult with service providers such as legal services; and to accept guests, such as labour organisations, in their employer-provided accommodation.
- It gives H-2A workers the right to payment for three-fourths of the hours offered in their work contract, including housing and meals until the worker returns home, among other measures. The rule includes a clarification on ‘for cause’ termination.
- It aims to increase transparency in recruitment by requiring employers to provide a copy of its agreements with recruitment agencies, including disclosing the name and location of any person working for the recruiter and disclosing the name, location and contact information of the recruiter’s owners, operators and managers.
- It designates the date of "updated adverse effect wage rates" as the date of the publication of the Federal Register. This aims to safeguard worker compensation. It also requires employers who do not provide enough notice for delayed start dates to pay workers for each day of delayed work, for up to 14 days.
- It requires transportation to have seat belts, protecting workers from safety risks associated with travel in buses and vans.
- It clarifies that employers are prohibited from confiscating workers' passports or other identity documents.
- It updates procedures for stopping employment services for employers who have failed to meet the Government’s labour requirements and requires states to discontinue services of debarred employers, including by streamlining procedures for applying debarment on a successor from a debarred company.
The rule will become effective on June 28, 2024.
The national federation of unions AFL-CIO has released a statement from its President, Liz Shuler, praising the rule, saying it makes “important progress” to protect migrant farmworker labour rights.
In June 2024, Prism reported employers and industry groups, including the National Council of Agricultural Employers and the American Farm Bureau Federation, have "come out in full force" against the new rule.
When workers are able to join together safely and take collective action, we all win. The AFL-CIO commends the DOL for raising the bar on protections that will prevent further exploitation of migrant and America’s workers alikeLiz Shuler, President of AFL-CIO